Hoisington ex rel. Hoisington v. Kulchin

(dissenting) :

This is the second appearance here of this case. It was first considered by us in Hoisington v. Kulchin, 172 So.2d 586, where we requested the District Court of Appeal, Third District, to assist us with its opinion in determining whether our certiorari jurisdiction was invoked. The response of the District Court of Appeal has been received; it appears in Hoisington v. Kulchin, 178 So. 2d 349 (Fla.App. 3rd).

It is unnecessary to restate the essential facts since they appear in our original opinion (172 So.2d 586).

My further review of the case leads me to the conclusion that our…