GERTRUDE S. ZULLO, PETITIONER,
v.
JOSEPH ZULLO, RESPONDENT
GERTRUDE S. ZULLO, PETITIONER,
JOSEPH ZULLO, RESPONDENT
342 So. 2d 77
Florida Supreme Court (1977)
Caution
Cited by 17 cases
Opinion of the Court
HATCHETT, Justice.
We issued a writ of certiorari in this cause based upon an alleged conflict between the decision in this case reported at 317 So. 2d 453 (Fla.3d DCA 1975), and Weeks v. Weeks, 143 Fla. 686, 197 So. 393 (1940). Upon reviewing the briefs filed on the merits and the record, we are of the judgment that there is no conflict in decision and, accordingly, certiorari should not have been granted.
The writ is hereby discharged.
It is so ordered.
OVERTON, C. J., and ADKINS, BOYD and ROBERTS (Retired), JJ., concur.
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Jaye v. Royal Saxon, Inc, 720 So. 2d 214 (Fla. 1998)…d, supra, at 223. Moreover, the nonjury trial may result in a decision by the trial judge that will cause the petitioner to conclude that there is no reason to seek appellate review. We distinguish our decision in Wincast Associates, Inc. v. Hickey, 342 So. 2d 77 (Fla.1977), because in that case we did not deal with the issue of whether certiorari review was appropriate. We [*216] now make clear that Hickey should not be read as approving certiorari review of the denial of a demand for a jury trial. Accordi…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Weeks v. Lotta N. Weeks, 143 Fla. 686 (Fla. 1940)
- Harrington v. Harrington, 317 So. 2d 453 (Fla. 1st DCA 1975)
- Gertrude S. Zullo v. Zullo, 317 So. 2d 453 (Fla. 3d DCA 1975)