PATRICIA P. BOLING AND ST. PETERSBURG BANK AND TRUST COMPANY, AS EXECUTIVE OF THE ESTATE OF R. LEE BOLING, DECEASED, PETITIONERS,
v.
MYRTLE BARNES AND G. G. BOLING, RESPONDENTS
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By petition for writ of certiorari we are requested to review a decision of the District Court of Appeal, Second District reported at 216 So.2d 804, which allegedly conflicts with prior decisions of this Court and other District Courts of Appeal.
Our initial examination of the petition and record suggested a possible jurisdictional conflict. We issued the writ and have heard arguments on both jurisdiction and merits.
After a thorough consideration of the petition and record we are now led to conclude that no jurisdictional conflict of decisions is present. Finding, therefore, that the writ was improvidently issued, it is hereby discharged.
It is so ordered.
ROBERTS, DREW, ADKINS, and BOYD, JJ., concur.
ERVIN, C. J., dissents.
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Polk v. Crittenden, 537 So. 2d 156 (Fla. 5th DCA 1989)…esentative waives the statute in one phase of the litigation, it is deemed waived for the remainder. Briscoe v. Florida National Bank of Miami, 394 So. 2d 492 (Fla. 3d DCA 1981); Boling v. Barnes, 216 So. 2d 804 (Fla. 2d DCA 1968), cert. discharged, 225 So. 2d 510 (Fla.1969). A more difficult question, presented in this case, is the extent of the waiver where a deposition of the barred witness is not only taken, but filed in the proceeding. In re Estate of Bechtel, 348 So. 2d 927 (Fla. 2d DCA 1977), cert. de…
Authorities Cited
- Boling v. Barnes, 216 So. 2d 804 (Fla. 2d DCA 1968)