Kittrell v. Clark

This cause is before the Court on petition for certiorari to review the decision in Kittrell v. Clark, 363 So.2d 373 (Fla. 1st DCA 1978), which conflicts with Wilson v. Kelley, 226 So.2d 123 (Fla. 2d DCA 1969). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. At issue is the construction and application of the Marketable Record Title Act, chapter 712, Florida Statutes (1975). I dissent from the Court’s denial of certiorari. This Court should exercise its constitutional conflict certiorari jurisdiction for the following reasons: (1) the decision conflicts with other Florida appellate…