DUPONT PLAZA, INC., A FLORIDA CORPORATION, AND SILVER SANDS MOTEL, INC., A FLORIDA CORPORATION, PETITIONERS.
v.
DADE COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ET AL., RESPONDENTS
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The Florida Supreme Court granted certiorari to review a District Court of Appeal decision, finding it in direct conflict with a prior Supreme Court ruling. The Court quashed the lower appellate court's decision, instructing it to remand the case for trial on the merits.
Yes, the District Court of Appeal's decision was in direct conflict with the Florida Supreme Court's prior ruling in Chatlos v. Overstreet.
“The decision complained of is in direct conflict with the opinion of this court in the case of Chatlos v. Overstreet, 124 So. 2d 1.”
Establishes the basis for the Supreme Court's jurisdiction and the core of the legal conflict.
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Join FLexlaw to unlock all legal intelligenceThe case involved a petition for a writ of certiorari to review a decision by the District Court of Appeal, Third District of Florida. The District Co…
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This cause is before us on petition for -writ of certiorari to review the decision of the District Court of Appeal, Third District of Florida, reported at 117 So.2d 849. The historical background is set forth in the opinion of the District Court of Appeal. The decision complained of is in direct conflict with the opinion of this court in the case of Chatlos v. Overstreet, 124 So.2d 1. The conflict is direct and on the same point of law and leaves the jurisprudence of the State on the point of law in confusion and lacking in uniformity. We therefore have jurisdiction.
The District Court’s decision in this case was considered and discussed in our opinion in Chatlos v. Overstreet, supra. For the reasons stated in the Chatios case, the decision of the District Court was erroneous.
The writ of certiorari is granted and judgment of the District Court quashed with instructions to remand the cause to the Circuit Court for trial on the merits.
It is so ordered.
THOMAS, C. J., and TERRELL, HOB-SON, DREW, THORNAL and O’CON-NELL, JJ., concur.
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Collins Inv. Co. v. Metro. Dade Cnty., 164 So. 2d 806 (Fla. 1964)…complaint has been held to be constitutional. Nash v. Merritt Island Lumber Co., Fla.App., 110 So. 2d 677; Thompson v. City of Key West, Fla. 1955, 82 So. 2d 749; Dade County v. DuPont Plaza, Fla.App., 117 So. 2d 849, quashed on other grounds, Fla., 125 So. 2d 564, opinion conformed, Fla.App., 128 So. 2d 151; Rudisill et ux. v. City of Tampa, 151 Fla. 284, 9 So. 2d 380. Section 196.01, Florida Statutes, F.S.A., originated as Chapter 8586, Laws of Florida 1921. Prior to that time this Court had applied Articl…
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The Deltona Corp. v. Bailey, 336 So. 2d 1163 (Fla. 1976)…w. The statutory time periods have withstood due process challenge on a number of occasions. See Rudisill v. City of Tampa, 151 Fla. 284, 9 So. 2d 380 (1942); Dade County v. Dupont Plaza, Inc., 117 So. 2d 849 (3d D.C.A.Fla.), rev’d on other grounds, 125 So. 2d 564 (Fla.1960). Delto-na’s complaint actually seems to be grounded on the fact that the quantity of real estate owned by the company made it difficult to gain a proper review within the time frame established by the statute. The proper functioning of th…
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Dade Cnty. v. Dupont Plaza, Inc., 128 So. 2d 151 (Fla. 3d DCA 1961)…or Dade County, Florida, in the above styled cause, and directing the trial court to dismiss the cause; and, Whereas, on reviewing this court’s judgment by certiorari the Supreme Court of Florida, by its opinion and judgment filed November 2, 1960 (125 So. 2d 564) quashed this court’s judgment of reversal; and Whereas, by the mandate of the Supreme Court of Florida now lodged in this court the cause was remanded with directions “to remand the cause to the Circuit Court for trial on the merits”; Therefore,…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chatlos v. Earnest Overstreet, 124 So. 2d 1 (Fla. 1960)
- Dade Cnty. v. Dupont Plaza, Inc., 117 So. 2d 849 (Fla. 3d DCA 1960)