Opinion
No. 32940.
April 15, 1964.
Appeal from Circuit Court, Hillsborough County; James S. Moody, Judge.
John R. Bush, of Macfarlane, Ferguson, Allison Kelly, Tampa, for appellant.
Wm. C. Pierce, Tampa, for appellee.
Affirmed under the authority of Mayo v. Texas Company, 1939, 137 Fla. 218, 188 So. 206.
DREW, C.J., and ROBERTS and CALDWELL, JJ., concur.
THORNAL and O'CONNELL, JJ., concur specially.
THOMAS, J., dissents.
I concur because the question of jurisdiction is disposed of by Snedeker, et al. v. Vernmar, Ltd., et al., Fla., 151 So.2d 438. I dissented in Snedeker on the jurisdictional determination there. However, since the problem has now been authoritatively resolved by the Court it would seem that further insistence on my position would be of no avail. Hence my concurrence here.
O'CONNELL, J., concurs.
I dissent because of my conviction that the issue is one which the District Court of Appeal is empowered to determine.