BEN J. CLUTTER, JR., PETITIONER,
v.
JENNIE CLUTTER, RESPONDENT
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The Florida Supreme Court denied a petition for certiorari, finding it lacked merit and jurisdiction. The case involved a motion to enjoin divorce proceedings in Mexico while a Florida divorce was pending.
No, the Florida Supreme Court does not have jurisdiction because the petition for certiorari failed to establish a conflict of decisions as required by Article V of the Florida Constitution.
“finds that such petition is wholly without merit and that this Court is without jurisdiction under Article V of the Florida Constitution, F.S.A. to entertain further proceedings because of its failure to establish conflict of decisions as contemplated by said Article.”
Establishes the basis for the court's lack of jurisdiction and denial of the petition.
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Join FLexlaw to unlock all legal intelligenceThe respondent sought to enjoin the petitioner from proceeding with a divorce action in Mexico during the pendency of a divorce action in Florida. The…
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Upon consideration of the motion of the respondent Jennie Clutter for an order enjoining and restraining the petitioner Ben J. Clutter, Jr. from proceeding further with an action for divorce filed in the Country of Mexico or, in the alternative, that this Court release jurisdiction to the Circuit Court of Dade County, Florida, concerning the ac*218tivities of Ben J. Clutter, Jr. in connection with the institution of divorce proceedings in Mexico during the pendency of his divorce proceedings in the Circuit Court of Dade County, the Court has considered the merits of the petition for certiorari filed in this cause and, from such consideration, finds that such petition is wholly without merit and that this Court is without jurisdiction under Article V of the Florida Constitution, F.S.A. to entertain further proceedings because of its failure to establish conflict of decisions as contemplated by said Article.
It is thereupon,
Ordered that the petition for writ of cer-tiorari be and the same is hereby denied and that the Clerk forthwith transmit to the District Court a copy of this order. This disposition renders moot the motion to enjoin the petitioner above referred to.
It is so ordered.
CALDWELL, C. J., and DREW, THOR-NAL, ERVIN and ADAMS, JJ., concur.