Bailey v. Hough

OVERTON, Judge.

This is a petition to review a decision of the First District Court of Appeal reported as Hough v. Bailey, 421 So.2d 708 (Fla. 1st DCA 1982). We accepted jurisdiction in this case because, in its opinion, the First District acknowledged direct conflict with the Second District Court of Appeal’s decision in Kirk v. Baumann, 336 So.2d 125 (Fla. 2d DCA 1976). After accepting jurisdiction in this case, however, we determined that the Second District, in Wiggins v. Dojcsan, 411 So.2d 894 (Fla. 2d DCA 1982), expressly receded from its decision in Kirk. In receding from Kirk, the…