JEFFREY E. CAKE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1972-04-26
No. 41437
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
262 So. 2d 659 Florida Supreme Court (1972) Positive Treatment
Cited by 13 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court. We issued the writ and have heard argument of the parties. After argument and upon further consideration of the matter, we have determined that the writ was improvidently issued. Therefore, the writ is hereby discharged and the petition for writ of certiorari dismissed.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

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  • Barbe v. Villeneuve, 505 So. 2d 1331 (Fla. 1987)
    …McDONALD, Chief Justice. We have for review Villeneuve v. Atlas Yacht Sales, Inc., 483 So. 2d 67 (Fla. 4th DCA 1986), which expressly and directly conflicts with language this Court utilized in Junction Bit & Tool Co. v. Village Apartments, Inc., 262 So. 2d 659 (Fla.1972). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. The issue in this case is whether a litigant who receives a default judgment for damages for theft of the purchase price of a yacht may subsequently obtai…
  • Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III, 89 So. 3d 923 (Fla. 4th DCA 2012)
    …As alluded to by the Kepler court, the reason that an action at law on a note may be pursued simultaneously with the equitable remedy of foreclosure is that the two remedies are not inconsistent. Junction Bit & Tool Co. v. Village Apartments, Inc., 262 So. 2d 659, 660 (Fla.1972). “[P]ursuit of one without satisfaction is not a bar to the other.” Klondike, Inc. v. Blair, 211 So. 2d 41, 43 (Fla. 4th DCA 1968), approved, Junction Bit, 262 So. 2d at 660; see also Gottschamer v. August, Thompson, Sherr, Clark & S…
  • …remedies is to prevent a double recovery for the same wrong. As noted by this court in Klondike, Inc. v. Blair, 211 So. 2d 41 (Fla. 4th DCA 1968), a case which was approved by the supreme court in Junction Bit & Tool Co. v. Village Apartments, Inc., 262 So. 2d 659 (Fla.1972): The doctrine of election of remedies is an application of the doctrine of estoppel on the theory that one electing should not later be permitted to avail himself of an inconsistent course. Williams v. Robineau, 1936, 124 Fla. 422, 168 S…

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