From Casetext: Smarter Legal Research

Equibank N.A. v. Penland

District Court of Appeal of Florida, First District
Mar 18, 1977
343 So. 2d 678 (Fla. Dist. Ct. App. 1977)

Opinion

No. CC-405.

March 18, 1977.

Appeal from Circuit Court, Duval County; John E. Santora, Jr., Judge.

Louis N. Scholnik, of Graham, Hodge, Swan Larson, P.A., Fort Lauderdale, for appellant.

Charles Thomas Shad, Jacksonville, for appellees.


Appellant seeks reversal of an order of the trial judge dismissing its complaint with prejudice. Appellant concedes that Reese v. D'Amato, 44 Fla. 692, 33 So. 462 (1902) is contrary to its contentions but urges that the antiquity of that case in the light of modern pleading practices requires that we recede from its holding. Although we are of the view that even were it not for the holding of Reese v. D'Amato, supra, the learned trial judge would have nevertheless been correct in dismissing appellant's complaint under the circumstances of this particular case, we agree that the teachings of Reese v. D'Amato, permits no other result and even should we be of the view that those teachings are anachronistic or incorrect it is not our prerogative to "recede" from an opinion of our Supreme Court. ( Hoffman v. Jones, 280 So.2d 431 (Fla. 1973).

AFFIRMED.

BOYER, C.J., and MILLS AND ERVIN, JJ., concur.


Summaries of

Equibank N.A. v. Penland

District Court of Appeal of Florida, First District
Mar 18, 1977
343 So. 2d 678 (Fla. Dist. Ct. App. 1977)
Case details for

Equibank N.A. v. Penland

Case Details

Full title:EQUIBANK, N.A., A NATIONAL BANKING ASSOCIATION, APPELLANT, v. S. PERRY…

Court:District Court of Appeal of Florida, First District

Date published: Mar 18, 1977

Citations

343 So. 2d 678 (Fla. Dist. Ct. App. 1977)