Viator v. Morgan Const. Co.

3 Citing cases

  1. Public Gas Company v. Weatherhead Company

    409 So. 2d 1026 (Fla. 1982)   Cited 30 times
    Holding that “the filing of a ‘notice of appearance’ by Weatherhead's counsel did not waive its right to claim lack of jurisdiction over its person”

    The district court stated: [B]y doing so, we bring ourselves into direct conflict with decisions of each of our sibling courts of appeal. Fulmer v. Northern Central Bank, 386 So.2d 856 (Fla. 2d DCA 1980); Marine Distributors v. Kelly [ 374 So.2d 592 (Fla. 5th DCA 1979)] supra; Hotel and Restaurant Employees Union v. Lake Buena Vista Communities, Inc., 349 So.2d 1217 (Fla. 4th DCA 1977); Viator v. Morgan Construction Co., 344 So.2d 657 (Fla. 1st DCA 1977), cert. denied, 352 So.2d 173 (Fla. 1977); Royal Industries, Inc. v. Birdsong, 340 So.2d 526 (Fla. 1st DCA 1976), cert. denied, 351 So.2d 408 (Fla. 1977). . . . 392 So.2d at 1344-45.

  2. Weatherhead Co. v. Coletti

    392 So. 2d 1342 (Fla. Dist. Ct. App. 1981)   Cited 13 times
    In Weatherhead Company v. Coletti Company, 392 So.2d 1342 (Fla. 3d DCA 1981), the Third District Court of Appeal had a somewhat similar case before it in which the claimant was injured by the explosion of a petroleum tank maintained and serviced by the defendant gas company.

    Since, unlike Judge Smith, we are not bound by any prior inconsistent decision, we are free to adopt the views so well expressed in his opinion, notwithstanding that, by doing so, we bring ourselves into direct conflict with decisions of each of our sibling courts of appeal. Fulmer v. Northern Central Bank, 386 So.2d 856 (Fla. 2d DCA 1980); Marine Distributors v. Kelly, supra; Hotel and Restaurant Employees Union v. Lake Buena Vista Communities, Inc., 349 So.2d 1217 (Fla. 4th DCA 1977); Viator v. Morgan Construction Co., 344 So.2d 657 (Fla. 1st DCA 1977), cert. denied, 352 So.2d 173 (Fla. 1977); Royal Industries, Inc. v. Birdsong, 340 So.2d 526 (Fla. 1st DCA 1976), cert. denied, 351 So.2d 408 (Fla. 1977); see also, White v. Nicholson, 386 So.2d 74 (Fla. 2d DCA 1980). We accordingly hold that the notice of appearance had no effect on Weatherhead's ability to raise the claim that it was not subject to the jurisdiction of the court.

  3. Marine Distrib. of Virginia v. Kelly

    374 So. 2d 592 (Fla. Dist. Ct. App. 1979)   Cited 3 times

    AFFIRMED. Royal Industries, Inc. v. Birdsong, 340 So.2d 526 (Fla. 1st DCA 1976), cert. den., 351 So.2d 408 (Fla. 1977); Viator v. Morgan Construction Co., 344 So.2d 657 (Fla. 1st DCA 1977), cert. den., 352 So.2d 173 (Fla. 1977); Hotel and Restaurant Employees, etc. v. Lake Buena Vista Communities, Inc., 349 So.2d 1217 (Fla. 4th DCA 1977). MILLS and LARRY G. SMITH, JJ., concur.