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Dept. of Corrections v. Newsome

Supreme Court of Florida
Nov 8, 1984
459 So. 2d 314 (Fla. 1984)

Opinion

No. 64268.

November 8, 1984.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, First District — Case No. AO-320.

Jim Smith, Atty. Gen., and Pamela Lutton-Shields and Louis F. Hubener, Asst. Attys. Gen., Tallahassee, for petitioner.

Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow Olin, Miami, and Wagner, Cunningham, Vaughan McLaughlin, Tampa, for respondent.


We originally accepted jurisdiction in this cause, reported below as Newsome v. Department of Corrections, 435 So.2d 887 (Fla. 1st DCA 1983), on the basis of conflict with Mastrandrea v. J. Mann, Inc., 128 So.2d 146 (Fla.3d DCA), cert. denied, 133 So.2d 320 (Fla. 1961). After hearing oral argument, however, we find that there is no express and direct conflict and, consequently, there is no basis for this Court to accept jurisdiction in this cause. The petition for review is denied.

It is so ordered.

OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.

BOYD, C.J., and ADKINS, J., dissent.

NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THE COURT. SEE FLA.R.APP.P. 9.330(d).


Summaries of

Dept. of Corrections v. Newsome

Supreme Court of Florida
Nov 8, 1984
459 So. 2d 314 (Fla. 1984)
Case details for

Dept. of Corrections v. Newsome

Case Details

Full title:DEPARTMENT OF CORRECTIONS, PETITIONER, v. IVIA JEAN NEWSOME, RESPONDENT

Court:Supreme Court of Florida

Date published: Nov 8, 1984

Citations

459 So. 2d 314 (Fla. 1984)