Levit v. State, Department of Transportation

I respectfully dissent from the decision of the majority of the court to deny rehearing in this case.

By their petition for rehearing, appellants contend that our order affirming the judgment of the trial court would result in a decision directly in conflict with our decisions in Finkel v. State Road Department, 216 So.2d 463, and State Road Department v. Cowart, 236 So.2d 469.

Apparently, the retrial of the Finkel case, resulting from our reversal therein, was tried under the name of Cowart so that both cases related to the same parcel of land.

In the case at bar, the majority affirms an order…