Bush v. Trans World Airlines, Inc.

I dissent from the conclusion by the majority that the writ of certiorari heretofore granted in this cause should be discharged. Presumably it is meant that there is a lack of conflict in decision between the instant case and former decisions of this Court or of other district courts of appeal. For the reasons stated by Judge Mager in his dissent below I believe there to be clear conflict on the record proper with Cloud v. Fallis, 110 So.2d 669 (Fla.1959) and its progeny as cited in Judge Mager’s dissenting opinion. It is patent that the trial court’s order granting a new trial on grounds 1…