Harrison v. Hyster Co.

The district court of appeal in Harrison v. Hyster Co., 502 So.2d 100 (Fla. 2d DCA 1987), affirmed the dismissal of petitioners’ product liability action upon the authority of Small v. Niagara Machine & Tool Works, 502 So.2d 943 (Fla. 2d DCA 1987). The only basis upon which it could be asserted that this Court had jurisdiction to review the Harrison decision was the rationale of Jollie v. State, 405 So.2d 418 (Fla. 1981), in which we said:

We thus conclude that a district court of appeal per curiam opinion which cites as controlling authority a decision that is either pending review in or has…