PACE PONTIAC, INC., A FLORIDA CORPORATION, PETITIONER,
v.
LYDIA MILBY AND HOWARD MILBY, HER HUSBAND, RESPONDENTS

Fla. | 1966-04-06
No. 34543
THORNAL, C. J., and THOMAS, ROBERTS, O’CONNELL, CALDWELL, ERVIN and BARNS (Retired), JJ., concur.
185 So. 2d 467 Florida Supreme Court (1966) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The Petition for Writ of Certiorari reflected probable jurisdiction in this Court. We issued the Writ and have heard argument of the parties. After argument and upon further consideration of the matter, we have determined that the jurisdictional conflict as required by Article V, Section 4, Florida Constitution, F.S.A., does not ap*468pear. Therefore, the Writ must he and is hereby discharged and the Petition for Writ of Certiorari is dismissed.

It is so ordered.

THORNAL, C. J., and THOMAS, ROBERTS, O’CONNELL, CALDWELL, ERVIN and BARNS (Retired), JJ., concur.


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  • Maas Bros., Inc. v. Bishop, 204 So. 2d 16 (Fla. 2d DCA 1967)
    …there is reason to expect it.” 74 So. 2d at 278-279; accord, Pensacola Greyhound Racing, Inc. v. Williams, Fla.App.1967, 193 So. 2d 628, 629-630; Milby v. Pace Pontiac, Inc., Fla.App.1965, 176 So. 2d 554, 556, cert. dismissed per curiam, Fla. 1966, 185 So. 2d 467; Hanson v. Shell’s City, Inc., Fla.App.1961, 133 So. 2d 573, 574, cert. dismissed per curiam, Fla. 1962, 139 So. 2d 406. The question, then, is whether Mrs. Bishop was exercising due care for her safety at the time she fell. If the answer is to be c…
  • Ward Wagner and Debra Wagner v. City OF Hialeah, 462 So. 2d 482 (Fla. 3d DCA 1984)
    …ourt vacated order dismissing complaint where question of fact existed as to the extent of owner’s knowledge of dangerous condition created by builder on her property); Milby v. Pace Pontiac, Inc., 176 So. 2d 554 (Fla. 2d DCA 1965), cert. dismissed, 185 So. 2d 467 (Fla.1966) (whether drop-off immediately inside entrance was obvious or hidden was question for jury). Compare Grail v. Risden, 167 So. 2d 610 (Fla. 2d DCA 1964), cert. denied, 174 So. 2d 736 (Fla.1965) (summary judgment upheld where there was no qu…

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