JAMES SCOTT, PETITIONER,
v.
NEWPORT INDUSTRIES, INC., AND FLORIDA INDUSTRIAL COMMISSION, RESPONDENTS

Fla. | 1955-03-02
MATHEWS, C. J., and TERRELL, SEBRING and ROBERTS, JJ., concur.
78 So. 2d 724 Florida Supreme Court (1955)

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Synopsis

The Florida Supreme Court initially quashed an order from the Florida Industrial Commission but, upon rehearing and reconsideration, receded from its prior decision and denied the petition for certiorari. The court found it had erred in its initial ruling and withdrew its first opinion.


Holding

The Florida Supreme Court held that its initial decision to quash the order was erroneous. Upon reconsideration, the court determined that the petition for certiorari should be denied.


Key Quotes

“Upon a reconsideration of the record in the light of briefs filed, we have reached the conclusion that we erred in quashing the order sought to be reviewed.”

This quote explains the court's change of mind after rehearing.

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Facts & Procedural History

The case involved a petition for certiorari to review an order of the Florida Industrial Commission. The Supreme Court initially granted the petition …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

On petition for certiorari to review an order of the Florida Industrial Commission we reviewed the proceedings and quashed the order, with opinion. Subsequently, we granted a petition for rehea'ring and ordered the interested parties to file additional briefs. Upon a reconsideration of the record in the light of briefs filed, we have reached the conclusion that we erred in quashing the order sought to be reviewed. Accordingly, we now recede from what was said in the initial opinion filed in this cause and hold that the petition for certiorari should be denied. Having reached this conclusion, we find that no good purpose would be served by publishing the initial opinion in the cause and are of the view that it should, be withdrawn from the files.

It is so ordered.

MATHEWS, C. J., and TERRELL, SEBRING and ROBERTS, JJ., concur.


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