Grisillo v. Franklyn S., Inc.

McCORD, GUYTE P., Jr., Circuit Judge.

This case is here upon a petition for writ of certiorari to review a decision of the District Court of Appeal, Third District, Franklyn S. Inc. v. Riesenbeck, 166 So.2d 831. Because of apparent conflict between the decision in the instant case and a decision of another district court of appeal, we granted a writ of certiorari and have heard the case on both jurisdiction and merits.

The petition is predicated upon a contention that the decision sought to be reviewed is in direct conflict on the same point of law with Brooker v. Smith, 108 So.2d 790, a…