Legal Opinion · Dissent

Fishbones-Sand Lake Road, Inc. v. Allen

Supreme Court of Florida

Decided January 23, 2003No. SC02-426Published

1DissentLewis, J.

The majority’s decision to decline jurisdiction in the instant case extends the rule established in Moossun v. Orlando Regional Health Care, 826 So.2d 945 (Fla. 2002), which I maintain was in error, even further to a scenario that is clearly distinguishable from that case. We clearly have jurisdiction under the authority of Jollie v. State, 405 So.2d 418, 420 (Fla.1981), and the proceedings in this case were even stayed due to our consideration of Moos-sun. The result of the Court’s decision in this case is an ever-widening circle of Floridians being artificially precluded from pursuing their…

2Cases cited4 opinions

  1. Jollie v. StateSupreme Court of Florida · 1981
  2. Toney v. FreemanSupreme Court of Florida · 1992
  3. Miami Beach Awning Co. v. HEART OF CITY, INC.District Court of Appeal of Florida · 1990
  4. Moossun v. Orlando Regional Health CareSupreme Court of Florida · 2002

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