FLORIDA EAST COAST RAILROAD COMPANY, A FLORIDA CORPORATION AND ROY D. DOMINGUS, JR., PETITIONERS,
v.
PATRICIA ANN ECKERSEN, ETC., RESPONDENT

Fla. | 1972-04-19
No. 41234
ERVIN, Acting C. J., and CARLTON, BOYD, and McCAIN, JJ., concur., DEKLE, J., dissents.
261 So. 2d 818 Florida Supreme Court (1972) Negative Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for writ of certiorari reflected apparent jurisdiction in this Court and the writ of certiorari issued. After argument and upon further examination of the record and briefs in this case, we conclude that there is no conflict justifying the exercise of jurisdiction by this Court. Therefore, the petition for writ of certio-rari is dismissed and the writ is hereby discharged.

It is so ordered.

ERVIN, Acting C. J., and CARLTON, BOYD, and McCAIN, JJ., concur.

DEKLE, J., dissents.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • City OF Jacksonville v. Brentwood Golf Course, Inc., 338 So. 2d 1105 (Fla. 1st DCA 1976)
    …delay, by virtue of Rule 5.12(2), F.A.R., and had the City declined to post that bond, Brentwood might have had execution of its judgment notwithstanding the City’s appeal. State ex rel. Bd. of Trustees v. District Court of Appeal, Second District, 261 So. 2d 818 (Fla. 1972). Thus in proper cases the appellate rules extend to the adversary of a public body, as to all others, the security of a bond or the right to execution. The rules do not, [*1107] however, create a cause of action independent of a bond for…
  • City OF Lauderdale Lakes v. Corn, 415 So. 2d 1270 (Fla. 1982)
    …condition of posting a bond under considerations of either statutory law, court rules, or public policy. These views are not inconsistent with this Court’s decision in State ex rel. Board of Trustees v. District Court of Appeal for Second District, 261 So. 2d 818 (Fla.1972), in which we held that the right to an appeal is a constitutional right which cannot be conditioned by the requirement of a bond. That holding is as compelling under the present rules as it was under the old rules. There is no language i…
  • City OF ST. Petersburg v. Wall, 475 So. 2d 662 (Fla. 1985)
    …1949). See also our decision of over a century ago, Kilbee v. Myrick, 12 Fla. 416 (1868). In our answer, we made the error for which we chided the Second District Court of Appeal in State ex rel. State Board of Trustees v. District Court of Appeal, 261 So. 2d 818, 820. (Fla.1972), where it conditioned the right of appeal upon the posting of a bond: In our opinion, the District Court, by reason of unfortunate language in the last paragraph of the rule, has confused the purpose of a supersedeas bond thereunde…

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