Opinion
No. 41171.
March 29, 1972. Rehearing Denied May 17, 1972.
Writ of Certiorari to the District Court of Appeal, Third District, 246 So.2d 609.
Robert A. Jarvis, Jr., of Shutts Bowen, Miami, for petitioner.
Frates, Floyd, Pearson Stewart, Miami, for respondent.
The petition for writ of certiorari reflected probable jurisdiction in this Court. After argument and upon further consideration, we have determined the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed.
It is so ordered.
ERVIN, CARLTON, BOYD, McCAIN and DEKLE, JJ., concur.
ROBERTS, C.J., dissents with opinion.
I respectfully dissent because in my opinion it was error to strike the defense of statute of limitations which would have barred the claim. The respondent-plaintiff had too little, entirely too late.