JOYCE LEE HOLTON ET UX., PETITIONERS,
v.
ATLANTIC DEPARTMENT STORES, INC., ETC., RESPONDENT
JOYCE LEE HOLTON ET UX., PETITIONERS,
ATLANTIC DEPARTMENT STORES, INC., ETC., RESPONDENT
337 So. 2d 780
Florida Supreme Court (1976)
Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.
In this cause we denied certiorari. On petition for rehearing we granted certiorari and set the cause for oral argument. After hearing argument of the parties and reviewing the briefs we are of the opinion that certiorari should not have been granted. The writ is hereby discharged, Fla. App., 302 So. 2d 782.
It is so ordered.
OVERTON, C. J., and ROBERTS, ADKINS, BOYD, ENGLAND and HATCH-ETT, JJ., concur. SUNDBERG, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Freber, 366 So. 2d 426 (Fla. 1978)…han a later identification in court.2 The fact that the witness could identify the respondent when the incident was still so fresh in her mind is of obvious probative value. See State v. Ciongoli, 313 So. 2d 41 (Fla. 4th DCA 1975), cert. discharged, 337 So. 2d 780 (Fla.1976). It is certainly not unusual for the appearance of a defendant to change in some way between his apprehension and trial. A holding not allowing this sort of testimony as substantive evidence of identity would encourage defendants to chang…
-
Hastings v. Demming, 682 So. 2d 1107 (Fla. 2d DCA 1996)…fic language is without force of precedent and does not control the disposition of the case before us. See id.; State v. Florida State Improvement Comm’n, 60 So. 2d 747, 750 (Fla.1952). Hence, we are not in conflict with Ross. Cf. Ciongoli v. State, 337 So. 2d 780 (Fla.1976) (declining to exercise conflict jurisdiction because conflicting language was obiter dicta). We determine, however, that our jurisdictional approach is consistent with our recent opinion in Pizza Hut of America, Inc. v. Miller, 674 So. 2…
-
Patrick v. Hess, 212 So. 3d 1039 (Fla. 2017)…ston, 101 So. 2d 808, 811 (Fla. 1958) (“A limitation of review to decisions in ‘direct conflict’ clearly evinces a concern with decisions as precedents as opposed to adjudications of the rights of particular litigants.”); see also Ciongoli v. State, 337 So. 2d 780, 781-82 (Fla. 1976) (review discharged where “the conflicting language is mere obiter dicta”). Moreover, Hess does not expressly and directly conflict with Friona. As explained previously, Hess addressed the statute of limitations applicable to the…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Holton v. Atl. Dep't Stores, Inc., 302 So. 2d 782 (Fla. 1st DCA 1974)
- State v. Battle, 302 So. 2d 782 (Fla. 3d DCA 1974)