JACK Y. SCOTT AND BETTY SUE SCOTT, APPELLANTS,
v.
FRED H. TERRY AND CLARA MAE TERRY, APPELLEES

Fla. 1st DCA | 1976-01-16
No. Y-21
BOYER, C. J„ and McCORD and MILLS, JJ., concur.
326 So. 2d 73 Florida District Court of Appeal, First District (1976) Positive Treatment
Cited by 4 cases
Topics
Appellate Review Standards Stare Decisis Appellate Jurisdiction Competent Substantial Evidence

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have carefully considered the record on appeal, briefs filed by able counsel and oral arguments. Based thereon we do not find that the trial judge committed the procedural errors urged by appellants. Further, we find that there is substantial competent evidence in the record to sustain the final judgment here appealed. Finally, appellants urge that the principles announced in Durham v. Edwards, 1905, 50 Fla. 495, 38 So. 926, cited by both appellants and appellees, should be reexamined because of changes in general accounting procedures resulting from federal income tax laws which have come into being since the date of that decision. Assuming, arguendo, that appellants’ position is well taken, we have been stringently admonished that if principles announced by our Supreme Court are to be revisited, reconsidered, or revised, that prerogative rests exclusively with the Supreme Court and not with us. (See Hoffman v. Jones, Fla.1973, 280 So. 2d 431). Accordingly, the judgment here appealed is

Affirmed.

BOYER, C. J„ and McCORD and MILLS, JJ., concur.

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Cited By

  • Dozier v. Wood, 431 So. 2d 184 (Fla. 1st DCA 1983)
    …332 So. 2d 333 (Fla.1976). As we have previously recognized, “... if principles announced by our Supreme Court are to be revisited, reconsidered, or revised, that prerogative rests exclusively with the Supreme Court and not with us.” Scott v. Terry, 326 So. 2d 73, 74 (Fla. 1st DCA 1976). See also, Gilliam v. Stewart, 291 So. 2d 593 (Fla.1974); Hoffman v. Jones, 280 So. 2d 431 (Fla.1973). The final judgment granting an injunction is therefore reversed and this case is remanded for further proceedings not inc…
  • Almeria T. Cottingham v. State, 656 So. 2d 597 (Fla. 1st DCA 1995)
    …pressly announced in Vasilinda by the Florida Supreme Court. It is not the role of this court to reevaluate the wisdom of a recent decision of the Florida Supreme Court. Dozier v. Wood, 431 So. 2d 184, 187 [*600] (Fla. 1st DCA 1983); Scott v. Terry, 326 So. 2d 73, 74 (Fla. 1st DCA 1976). BOOTH and JOANOS, JJ., concur.…

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