THOMAS A. REGISTER ET AL., PETITIONERS,
v.
GLADDING CORPORATION AND OUTDOOR SPORTING GOODS CO., RESPONDENTS
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Certiorari was improvidently granted because the court cannot re-analyze testimonial evidence to establish conflict.
The court granted certiorari to review a Third District Court of Appeal opinion. The basis for jurisdiction was a direct conflict between decisions of…
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ENGLAND, Justice.
This case is here on petition for a writ of certiorari directed to the Third District Court of Appeal, seeking to have us review that court’s opinion which appears at 293 So. 2d 729. We tentatively granted certiorari to allow oral argument and the submission of briefs on the merits.
Our review of the entire case now persuades us that certiorari was improvidently granted. The direct conflict between the district court’s decision and that of other Florida appellate courts, which is the basis for our jurisdiction,1 can only be developed from the trial transcript of the circuit court’s proceeding. We have consistently held that we will not treat the district courts as intermediate courts, or grant litigants two opportunities for full appellate review, by re-analyzing testimonial evidence to establish constitutional “conflict”.2
The writ of certiorari is discharged.
ROBERTS and OVERTON, JJ., and AGNER, Circuit Judge, concur. ADKINS, C. J., and PATTERSON, Circuit Judge, dissent.
. Fla.Const. art. Y, § 3(b)(3).
. E. g., Foley v. Weaver Drugs, Inc., 177 So. 2d 221, 225 (Fla.1965) (defining “record proper”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Clearwater Elks Club, Inc. v. Gussie Catrett & Fla. Indus. Comm'n, 177 So. 2d 221 (Fla. 1965)
- Gladding Corp. & Outdoor Sporting Goods Co. v. Register, 293 So. 2d 729 (Fla. 3d DCA 1974)