HAYNER PROPERTIES, INC., PETITIONER,
v.
HAZE WEST, RESPONDENT
HAYNER PROPERTIES, INC., PETITIONER,
HAZE WEST, RESPONDENT
142 So. 2d 3
Florida Supreme Court (1962)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Hayner Properties, Inc., has filed a petition for permission of this Court to apply to the Florida Industrial Commission for a writ of error coram nobis. The prayer of the petition is denied without prejudice to any rights which the petitioner might have to proceed under Section 440.28, Florida Statutes, F.S.A.
It is so ordered.
ROBERTS, C. J., and TERRELL, DREW, THORNAL and O’CONNELL, JJ., concur.
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Rutkin v. State Farm Mut. Auto. Ins. Co., 214 So. 2d 99 (Fla. 3d DCA 1968)…erits, unless otherwise ordered by the Court.” (Emphasis supplied). Rutkin failed to comply with the italicized portion of the rule. Observance of. the rule is obligatory upon a party seeking benefit of it. Spivey v. Battaglia Fruit Co., Fla. 1962, 142 So. 2d 3; Travelers Ins. Co. v. Tallahassee Bank & Trust Co., Fla.App. 1961, 133 So. 2d 463; Howell v. Howell, Fla.App.1966, 183 So. 2d 261. And F.S. Section 627.0127, F.S.A. cannot avail Rutkin. That section, in its pertinent parts, provides: “Upon the re…