Encore, Inc. v. Olivetti Corp. of America

DEKLE, Justice.

This cause is before us on a petition for writ of certiorari seeking review of an order entered by the District Court of Appeal, Third District (unreported), which creates a decisional conflict with the prior decision of this Court in Atlantic Coast Line RR Co. v. Cone, 53 Fla. 1017, 43 So. 514 (1907), and a decision from the same district court of appeal in Ginsberg v. Ginsberg, 123 So.2d 57 (Fla.App.3d 1960). Our jurisdiction derives from Article V, § 3(b)(3) (1973), F.S.A.1

*264The essential facts for our certiorari review are as follows: The trial court entered a summary…