Thoman v. Ashley

When the petition for certiorari was presented we decided to hear argument on jurisdiction and merits.

Now having heard the argument and further studied the briefs we conclude that no conflict has been shown justifying exercise of jurisdiction of this court especially as the petitioner sought a decision of the question whether or not non-suits are still available in our practice while the District Court of Appeal in their opinion in 170 So.2d at page 333 observed that they were “unable to reach the nonsuit question * *

The absence of “direct conflict * * * on the same point of law,” to quote…