Opinion
No. 31757.
February 13, 1963. Rehearing Denied April 2, 1963.
Writ of Certiorari to the District Court of Appeal, Third District.
Green Hastings and Carr Warren, Miami, for petitioners.
Welsh, Cornell, Pyszka Carlton, Miami, for respondents.
The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. After hearing argument and upon further consideration of the matter we have determined that the petition is without merit. Therefore, the writ must be and is hereby discharged, 135 So.2d 776.
It is so ordered.
TERRELL, Acting C.J., THOMAS, CALDWELL, HOBSON (Ret.), JJ., and SMITH, Circuit Judge, concur.
DREW and O'CONNELL, JJ., dissent.
I would grant certiorari and quash the decision of the district court for the reasons stated in the dissenting opinion of Judge PEARSON, TILLMAN.
O'CONNELL, J., concurs.