CARNER BANK OF MIAMI BEACH, A FLORIDA BANKING CORPORATION, PETITIONER,
v.
R. G. WOLFF & COMPANY, INC., A FLORIDA CORPORATION, RESPONDENT

Fla. | 1976-03-17
Nos. 47,517
ROBERTS, Acting C. J., and ADKINS, BOYD, ENGLAND and SUNDBERG, JJ., concur.
329 So. 2d 298 Florida Supreme Court (1976) Positive Treatment
Cited by 3 cases
Topics
Conflict Certiorari Writ Of Certiorari

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Opinion of the Court
BY THE COURT:

BY THE COURT:

We issued a writ of certiorari' in this case to review a decision without opinion rendered by the Third District Court of Appeal and reported at 312 So. 2d 555.* That decision conflicts with Perkins v. Salem, 249 So. 2d 466 (Fla.App. 1st 1971). The rule of law announced in Perkins is correct.

The decision of the Third District Court of Appeal is vacated and this case is remanded with instructions to reinstate the order of the trial judge dated October 21, 1974.

ROBERTS, Acting C. J., and ADKINS, BOYD, ENGLAND and SUNDBERG, JJ., concur. *

The only issue on appeal involves the propriety of a series of trial court orders which constitute “record proper” under Foley v. Weaver Drugs, Inc., 177 So. 2d 221 (Fla. 1965). We have jurisdiction under art. Y, § 3(b)(3), Florida Constitution.

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Cited By

  • Purcell v. Deli MAN, Inc., 411 So. 2d 378 (Fla. 4th DCA 1982)
    …ave been affirmed because the grounds raised in the second motion were raised or could have been raised in the first motion. Perkins v. Salem, 249 So. 2d 466 (Fla. 1st DCA 1971), approved in Carner Bank of Miami Beach v. R. G. Wolff & Company, Inc., 329 So. 2d 298 (Fla.1976); cf. Malicoat v. La Chappelle, 390 So. 2d 481 (Fla. 4th DCA 1980). Accordingly, we reverse the order granting Pomerantz’s March, 1981, motion to set aside or vacate and remand the cause with directions that the circuit court enter an ord…
  • Carner Bank OF Miami Beach v. R. G. Wolff & Co., Inc., 335 So. 2d 346 (Fla. 3d DCA 1976)
    …o. 2d 555) affirming the order of the Circuit Court for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed March 17, 1976 (329 So. 2d 298) and mandate now lodged in this court, vacated this court’s judgment and remanded the cause with directions; NOW, THEREFORE, It is Ordered that the mandate of this court entered in this cause on May 12, 1975 is withdrawn, the judgment of this court…
  • Ideal Mut. Ins. Co. v. Intercontinental Assocs., Inc., 412 So. 2d 53 (Fla. 5th DCA 1982)
    …PER CURIAM. AFFIRMED. See Carner Bank of Miami Beach v. R. G. Wolff & Co., Inc., 329 So. 2d 298 (Fla.1976); Burton v. Oliver Farm Equipment Sales Co., 121 Fla. 148, 163 So. 468 (1935); Empire Electric Co. v. R. J. Hunt Construction Co., 264 So. 2d 114 (Fla. 4th DCA 1972); Perkins v. Salem, 249 So. 2d 466 (Fla. 1st DCA 1971). COBB, FRANK D. U…

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