EASTERN AIR LINES, INC., APPELLANT,
v.
JACKSONVILLE PORT AUTHORITY, ETC., APPELLEE

Fla. 1st DCA | 1977-10-21
No. FF-48
BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.
350 So. 2d 842 Florida District Court of Appeal, First District (1977) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Eastern has filed its notice of appeal from a judgment awarding damages to Jacksonville Port Authority (JPA) resulting from Eastern’s default in complying with the terms of the lease with JPA. Having considered the record and briefs of the parties, we find no error. AFFIRMED.

BOYER, Acting C. J., and MILLS and ERVIN, JJ., concur.


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    …petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, reported at 352 So. 2d 106 (Fla. 4th DCA 1977). That decision conflicts with Willis v. State, 217 So. 2d 106 (Fla.1968), and Williams v. State, 350 So. 2d 842 (Fla. 1st DCA 1977). We have jurisdiction.1 The issue is whether evidence of a prior out-of-court identification is admissible when the witness is unable to identify the [*427] defendant at trial. We hold that if the original identifying witness te…
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