IN RE ESTATE OF ZVL PRIHAR, DECEASED
IN RE ESTATE OF ZVL PRIHAR, DECEASED
308 So. 2d 159
Florida District Court of Appeal, Second District (1975)
Positive Treatment
Cited by 8 cases
Opinion of the Court
HOBSON, Acting Chief Judge.
This is an appeal from an order of the lower court denying and dismissing a petition for order of administration unnecessary. The record on appeal shows that all of the requirements of § 735.04(3), F.S. 1973, were met.
It is true that the statute states “the circuit judge may dispense with administration . . . ” and, therefore, it is discretionary with the trial court whether or not to dispense with administration. Under the facts of this case we feel that justice would be best served by granting the petition in this cause.
Reversed and remanded.
BOARDMAN and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Elzada W. Cromarty v. Ford Motor Co., 341 So. 2d 507 (Fla. 1976)…ADKINS and BOYD, Justices. We are reviewing this case by writ of certiorari because the decision of the District Court of Appeal, 308 So. 2d 159 (Fla.1st DCA 1975), conflicts with Wale v. Barnes, 278 So. 2d 601 (Fla.1973) and LaBarbera v. Millan Builders, Inc., 191 So. 2d 619 (Fla.1st DCA 1966). We have jurisdiction. Article V, Section 3(b)(3), Florida Constitution. Suit was brought by peti…
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Hyman R. Lash v. Noland, 321 So. 2d 104 (Fla. 4th DCA 1975)….1966). There was no evidence presented to even support an inference that the brake portion of the cart was faulty, and it has been held that a defect must be proven to hold a manufacturer liable in negligence or warranty, Cromaty v. Ford Motor Co., 308 So. 2d 159 (1st DCA Fla.1975); Mattes v. Coca Cola Bottling Co. of Miami, 311 So. 2d 417 (4th DCA Fla.1974); Royal v. Black & Decker Mfg. Co., 205 So. 2d 307 [*106] (3d DCA Fla.1967). But see, McCarthy v. Fla. Ladder Co., 295 So. 2d 707 (2d DCA Fla.1974),1 and…
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Lauck v. Publix Mkt., Inc., 335 So. 2d 589 (Fla. 3d DCA 1976)…st be done before the doctrine of res ipsa loquitur can be called into play.” (emphasis supplied) ****** Without proof of a defect, no cause of action for breach of implied warranty can be maintained. Cromarty v. Ford Motor Company, Fla.App. 1975, 308 So. 2d 159; Mattes v. Coca Cola Bottling Co. of Miami, Fla.App.1974, 311 So. 2d 417; Lash v. Noland, Fla.App.1975, 321 So. 2d 104. . Starke Coca-Cola Bottling Company v. Carrington, 159 Fla. 718, 32 So. 2d 583; Groves v. Florida Coca-Cola Bottling Company, Fl…
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