Laytner v. Humble Oil & Refining Co.

ADKINS, Judge.

By petition for writ of certiorari, we have for review a decision of the District Court of Appeal, Third District, Laytner v. Humble Oil and Refining Co., 251 So.2d 156, which is in direct conflict with two decisions of the District Court of Appeal, Second District (Elmore v. Palmer First Nat. B. & T. Co. of Sarasota, 221 So.2d 164 (Fla.App.2d 1969) and Snyder v. Gulf American Corporation, 224 So.2d 405 (Fla.App.2d, 1969)) on the same point of law. Fla. Const., art. V, § 4, F.S.A.

The facts of this case can be briefly stated. On February 17, 1971, petitioner, Mrs. Laytner, filed…