Legal Opinion · Dissent

Delray Beach Whitehouse Apts., Inc. v. Hoffmann

Supreme Court of Florida

Decided January 26, 1972No. 40828Published

1DissentErvin, Justice

I must dissent. The decision of the District Court of Appeal, Fourth District, is not in conflict with Chabot v. Winter Park Co., 1894, 34 Fla. 258, 15 So. 756; Daubmyre v. Hunter, 1923, 86 Fla. 326, 98 So. 69; Orlando Realty Board Building Corp. v. Hilpert, 1927, 98 Fla. 954, 113 So. 100; Greenfield v. Bland, Fla.App.1958, 99 So.2d 727, as is hereinafter indicated. This Court, therefore, does not have jurisdiction to consider this case under Article V, Section 4 (2) of the Florida Constitution. The writ of certiorari previously issued should be discharged as improvidently granted.

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2Cases cited6 opinions

  1. Cilabot v. Winter Park Co.Supreme Court of Florida · 1894
  2. Lawman v. StateAlabama Court of Appeals · 1922
  3. Orlando Realty Board Building Corp. v. HilpertSupreme Court of Florida · 1927
  4. Daubmyre v. HunterSupreme Court of Florida · 1923
  5. Elder v. Estate of R. S. Hall, Inc.Supreme Court of Florida · 1929

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