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Standard Oil Co. v. Conslato Carros

District Court of Appeal of Florida, First District
Mar 13, 1962
138 So. 2d 76 (Fla. Dist. Ct. App. 1962)

Opinion

No. C-407.

January 4, 1962. Rehearing Denied March 13, 1962.

Appeal from Circuit Court, Duval County; William H. Maness, Judge.

Marks, Gray, Yates, Conroy Gibbs, Jacksonville, for appellants.

Scruby Yonge, Orange Park, for appellee.


Affirmed.

CARROLL, DONALD K., Chief Judge, and STURGIS and WIGGINTON, JJ., concur.


On Petition for Rehearing


Pursuant to the holding of the majority, an order has been entered herein denying defendant-appellants' petition for rehearing.

Having considered said petition for rehearing and further reviewed the record on appeal, I have concluded that the only negligence with which the appellant corporation, defendant below, is properly though not legally chargeable is its failure to change its corporate name to something less enticing than the one in suit. It is my reconsidered opinion that the natural party defendant is no less bereft of actionable negligence. Feeling that we erred in rendering the judgment of affirmance, I would grant the petition for rehearing, recede from said judgment, reverse the judgment appealed, and direct the trial court to enter judgment for defendant N.O.V.

I therefore dissent from the order of the majority denying appellants' petition for rehearing.


Summaries of

Standard Oil Co. v. Conslato Carros

District Court of Appeal of Florida, First District
Mar 13, 1962
138 So. 2d 76 (Fla. Dist. Ct. App. 1962)
Case details for

Standard Oil Co. v. Conslato Carros

Case Details

Full title:STANDARD OIL COMPANY, A KENTUCKY CORPORATION, AUTHORIZED TO DO BUSINESS IN…

Court:District Court of Appeal of Florida, First District

Date published: Mar 13, 1962

Citations

138 So. 2d 76 (Fla. Dist. Ct. App. 1962)