FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, PETITIONER,
v.
ELSIE SMITH, RESPONDENT

Fla. | 1965-07-21
No. 33580
THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.
183 So. 2d 690 Florida Supreme Court (1965)

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Synopsis

The Florida Supreme Court denied a petition for a writ of certiorari, finding no jurisdictional conflict between the appellate court's decision to dismiss an appeal based on a non-appealable order and prior conflicting decisions. The court referenced its recent rulings on similar non-suit issues.


Holding

The Florida Supreme Court held that there was no jurisdictional conflict between the appellate court's decision and the cited cases. The court found that the order permitting a voluntary non-suit was not appealable, and thus the dismissal of the appeal was proper.


Key Quotes

“The District Court here dismissed the Appeal because of the non-appealability of an order permitting a voluntary non-suit.”

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Facts & Procedural History

The Court of Appeal, Second District, dismissed an appeal filed by the Florida East Coast Railway Company. The dismissal was based on the non-appealab…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, Second District, because of an alleged conflict with Dobson v. Crews, 164 So.2d 252, a decision of the Court of Appeal, First District. See, Florida East Coast Railway Co. v. Smith, Fla.App., 166 So.2d 233.

The District Court here dismissed the Appeal because of the non-appealability of an order permitting a voluntary non-suit. We have distinguished Dobson by our opinion in a similar case. See, Bennett v. Fratus, Fla., 177 So.2d 334, opinion filed the *69121st day of July, 1965. We have generally disposed of the non-suit problem by our decision in Crews v. Dobson, Fla., 177 So.2d 202, opinion filed July 7, 1965.

We find no jurisdictional conflict between the instant decision and the decisions in the cited cases.

The writ is, therefore, denied.

THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.


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