Westinghouse Electric Corp. v. Carol Florida Corp.

This is the second appearance of this case in this Court. See Westinghouse Elec. Corp. v. Carol Florida Corp., Fla.App.1960, 122 So.2d 795. Certiorari was sought by the appellant in the Supreme Court of Florida and denied without opinion. Westinghouse Elec. Corp v. Carol Florida Corp., Fla. 1961, 138 So.2d 341. Subsequent to the filing of this Court’s mandate and the denial of certiorari, the circuit court proceeded to try the issue designated in the judgment of this Court.

The plaintiff, Westinghouse Electric Corp., again appeals, and upon this appeal urges that this Court directed the trial…