LINDA GORDON, PETITIONER,
v.
ST. MARY'S HOSPITAL, INC., A FLORIDA CORPORATION, ET AL., RESPONDENTS
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The Florida Supreme Court reversed the District Court of Appeal's dismissal of Gordon's appeal and remanded for consideration on the merits, holding that the lower court erred in its procedural handling of the case.
The District Court of Appeal erred in dismissing the appeal without considering it on the merits, and the case must be remanded for proper appellate review.
[1] A district court of appeal must consider an appeal on the merits rather than dismiss it procedurally when prior Supreme Court precedent requires such consideration.
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Join FLexlaw to unlock all legal intelligenceLinda Gordon petitioned for certiorari review of a District Court of Appeal decision that allegedly conflicted with several prior Florida Supreme Cour…
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ADKINS, Chief Justice:
By petition for certiorari we have for review a decision of the District Court of Appeal, Fourth District (Gordon v. St. Mary’s Hospital, Inc., 293 So. 2d 697), which allegedly conflicts with several prior decisions of this Court and the District Courts of Appeal: Cory v. Greyhound Lines, Inc., 257 So. 2d 36 (Fla.1972); Mar ley v. Saunders, 249 So. 2d 30 (Fla.1971); Hodge v. Jacksonville Terminal Co., 234 So. 2d 645 (Fla.1970); LaFleur v. Castlewood International Corporation, 285 So. 2d 449 (Fla.App. 3d 1973); Parker v. Chew, 280 So. 2d 695 (Fla.App. 2d 1-973); Haldane v. Hall, 234 So. 2d 739 (Fla.App. 4th 1970); Silvia v. Zayre Corporation, 233 So. 2d 856 (Fla.App. 3d 1970); North Dade Imported Motors v. Brundage, 221 So. 2d 170 (Fla.App. 1st 1969) and Seigel v. Solomon, 201 So. 2d 501 (Fla.App. 3d 1967). We have jurisdiction. Florida Constitution, Article V, Section 3(b)(3), F.S.A. We have dispensed with oral arguments pursuant to Rule 3.10(e), F.A.R., 32 F.S.A. Upon authority of our recent decision in Clement v. Aztec Sales, Inc., 297 So. 2d 1, opinion filed June 19, 1974, the decision of the District Court of Appeal is reversed and the cause is remanded with directions that the District Court consider petitioner’s appeal on the merits.
It is so ordered.
ROBERTS, ERVIN, DEKLE and OVERTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (11 total)
- Hodge v. Jacksonville Terminal Co., 234 So. 2d 645 (Fla. 1970)
- Cory v. Greyhound Lines, Inc., 257 So. 2d 36 (Fla. 1971)
- Clement v. Aztec Sales, Inc., 297 So. 2d 1 (Fla. 1974)
- N. Dade Imported Motors, Inc. v. Brundage Motors, Inc., 221 So. 2d 170 (Fla. 1st DCA 1969)
- Marley v. Thadius James Saunders & Dade Cnty., 249 So. 2d 30 (Fla. 1971)
- Silvia v. Zayre Corp., 233 So. 2d 856 (Fla. 3d DCA 1970)
- Spradley v. State, 293 So. 2d 697 (Fla. 1974)
- Seigel v. Isidore Solomon, 201 So. 2d 501 (Fla. 3d DCA 1967)
- Lafleur v. Castlewood Int'l Corp., 285 So. 2d 449 (Fla. 3d DCA 1973)
- Haldane v. Hall, 234 So. 2d 739 (Fla. 4th DCA 1970)