EASTERN STEAMSHIP CORPORATION, A FLORIDA CORPORATION, PETITIONER,
v.
THOMAS EGAN, RESPONDENT
EASTERN STEAMSHIP CORPORATION, A FLORIDA CORPORATION, PETITIONER,
THOMAS EGAN, RESPONDENT
261 So. 2d 133
Florida Supreme Court (1972)
Positive Treatment
Cited by 10 cases
Opinion of the Court
The petition for writ of certiorari reflected probable jurisdiction in this Court. After argument and upon further consideration, we have determined the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed.
It is so ordered.
ERVIN, CARLTON, BOYD, McCAIN and DEKLE, JJ., concur.
ROBERTS, C. J., dissents with opinion.
(dissenting) :
I respectfully dissent because in my opinion it was error to strike the defense of statute of limitations which would have barred the claim. The respondent-plaintiff had too little, entirely too late.
Dissent
ROBERTS, Chief Justice
(dissenting) :
I respectfully dissent because in my opinion it was error to strike the defense of statute of limitations which would have barred the claim. The respondent-plaintiff had too little, entirely too late.
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Thompson v. Crawford, 479 So. 2d 169 (Fla. 3d DCA 1985)…at the December 12,1980 proceeding. Thus, even if the parties had come before the court on December 12, 1980, for a bench trial, jeopardy did not attach because the stipulation 23 was entered before any evidence was introduced. See Bernard v. State, 261 So. 2d 133 (Fla.1972) (jeopardy did not attach where no evidence was heard prior to time state entered nolle prosequi). B. The Court Was Without Authority In addition to the foregoing, the trial court was without authority to find Thompson not guilty by reas…
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Walden v. State, 319 So. 2d 51 (Fla. 1st DCA 1975)…06, 52 Fla. 1, 41 So. 593; State ex rel. Williams v. Grayson, 1956, 90 So. 2d 710, 63 A.L.R.2d 777; Kennick v. State, Fla.App., 1959, 107 So. 2d 59; and State v. Bernard, Fla.App.3d 1971, 254 So. 2d 38, writ discharged with opinion Sup.Ct. Fla.1972, 261 So. 2d 133) Appellant has made no showing, nor does he even contend that the jurors sworn to try this case were incompetent, biased or otherwise unqualified. (See Nowling v. Williams, Sup.Ct. Fla.1975, 316 So. 2d 547). There is yet another reason why I would…
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