ALLIE N. DUKES, PETITIONER,
v.
STEPHEN L. DUKES, SADIE DUKES, AND BARBARA A. ALBRITTON, RESPONDENTS
ALLIE N. DUKES, PETITIONER,
STEPHEN L. DUKES, SADIE DUKES, AND BARBARA A. ALBRITTON, RESPONDENTS
351 So. 2d 1021
Florida Supreme Court (1977)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The petition for writ of certiorari reflected apparent jurisdiction in this Court. The Writ was issued, and upon further consideration of the matter, we have determined that the Court is without jurisdiction. Therefore, the Writ must be and is hereby discharged and the Petition for Writ of Certiorari is dismissed.
It is so ordered.
OVERTON, C. J., and ADKINS, BOYD and HATCHETT, JJ., concur. ENGLAND, SUNDBERG and KARL, JJ., dissent.
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Dorothy Walton & Rodger Walton v. The Est. OF Mary E. Walton, 601 So. 2d 1266 (Fla. 3d DCA 1992)…re a trial judge bases his final order on the transcribed testimony of witnesses, the appellate court is in the same position in examining the testimony as is the trial judge. Dukes v. Dukes, 346 So. 2d 544, 545 (Fla. 1st DCA 1976), cert. dismissed, 351 So. 2d 1021 (Fla.1977); Phipps v. Sheffman, 211 So. 2d 598 (Fla. 3d DCA 1968); L & S Enters., Inc. v. Miami Tile & Terrazzo, Inc., 148 So. 2d 299, 300 (Fla. 3d DCA 1963). Although a presumption of correctness remains present, it is not as strong as when the tri…