BURTON GOLDBERG, TRUSTEE, AND JOYCE GOLDBERG, HIS WIFE, AND SAILBOAT DAY, INC., A FLORIDA CORPORATION, PETITIONERS,
v.
THE CECO CORPORATION, A FOREIGN CORPORATION, RESPONDENT
Writ of certiorari having heretofore issued, argument having been heard, and the court having examined the record and briefs, it appears that the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged. See Conway v. Sears, Roebuck and Co. (Fla.1966), 185 So.2d 697.
It is so ordered.
ROBERTS, DREW, THORNAL and CARLTON, JJ., concur.
ERVIN, C. J., concurs specially with opinion.
(concurring specially) :
I agree to the Court’s judgment herein but would go a step further and construe the mechanic lien statutes to make no unequal distinctions between any subcontractors (sub-sub-sub, etc.) where timely and appropriate notices of their lien claims are given. See my dissent in Conway v. Sears, Roebuck and Co., supra.
ERVIN, Chief Justice
(concurring specially) :
I agree to the Court’s judgment herein but would go a step further and construe the mechanic lien statutes to make no unequal distinctions between any subcontractors (sub-sub-sub, etc.) where timely and appropriate notices of their lien claims are given. See my dissent in Conway v. Sears, Roebuck and Co., supra.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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State of Fla. ex rel. Earl Faircloth v. Hon. Spencer C. Cross, 238 So. 2d 81 (Fla. 1970)…d from proceeding further in the pending appeal. However, Buchannon is obviously entitled to appellate review by habeas corpus in the District Court of Appeal pursuant to Jackson v. State, 227 So. 2d 354 (Fla.App.4th, 1969); and Henninger v. State, 230 So. 2d 149 (Fla.1970). The writ of prohibition is therefore granted without prejudice to the right of the District Court to accept the appeal as a petition for writ of habeas corpus and grant Buchannon full appellate review. Buchannon is entitled to secure wha…
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Henninger v. State, 251 So. 2d 862 (Fla. 1971)…gly, the judgment below is affirmed. It is so ordered. ROBERTS, C. J., and CARLTON, ADKINS, BOYD and DREW (Retired), JJ., concur. ERVIN, J., dissents with opinion. REVELS, Circuit Judge, dissents and concurs with ERVIN, J. . Henninger v. State, 230 So. 2d 149 (Fla.1970). . 179 So. 2d 202, cert. denied, 383 U.S. 959, 86 S.Ct. 1224, 16 L.Ed.2d 301 (1966). . 225 So. 2d 327 (Fla.1969). . 234 So. 2d 341 (Fla.1970). . Id. at 347.…
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Evans v. Louie L. Wainwright, 273 So. 2d 90 (Fla. 4th DCA 1973)…t degree was frustrated by an untimely filed notice of appeal by court appointed counsel. We grant petitioner a belated review of the judgment and sentence equivalent to a direct appeal by means of this habeas corpus proceeding. Henninger v. State, 230 So. 2d 149 (Fla.1970). We dispense with oral argument pursuant to F.A.R. 3.10(e), 32 F.S.A. We have examined the briefs and record, and conclude that petitioner has failed to demonstrate reversible error. Accordingly, the judgment and sentence is affirmed and…
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- Conway v. Sears, 185 So. 2d 697 (Fla. 1966)