Opinion
No. 45583.
June 19, 1974.
Writ of Certiorari to the District Court of Appeal, Fourth District.
Edward A. Perse of Horton Perse and Beckham McAliley, Miami, for petitioner.
Kirk Sullivan of Adams, Sullivan Coogler, West Palm Beach, for respondents.
By petition for certiorari we have for review a decision of the District Court of Appeal, Fourth District (Gordon v. St. Mary's Hospital, Inc., 293 So.2d 697), which allegedly conflicts with several prior decisions of this Court and the District Courts of Appeal: Cory v. Greyhound Lines, Inc., 257 So.2d 36 (Fla. 1972); Marley v. Saunders, 249 So.2d 30 (Fla. 1971); Hodge v. Jacksonville Terminal Co., 234 So.2d 645 (Fla. 1970); LaFleur v. Castlewood International Corporation, 285 So.2d 449 (Fla.App.3d 1973); Parker v. Chew, 280 So.2d 695 (Fla.App.2d 1973); Haldane v. Hall, 234 So.2d 739 (Fla.App. 4th 1970); Silvia v. Zayre Corporation, 233 So.2d 856 (Fla.App.3d 1970); North Dade Imported Motors v. Brundage, 221 So.2d 170 (Fla.App. 1st 1969) and Seigel v. Solomon, 201 So.2d 501 (Fla.App.3d 1967). We have jurisdiction. Florida Constitution, Article V, Section 3(b)(3), F.S.A.
We have dispensed with oral arguments pursuant to Rule 3.10(e), F.A.R., 32 F.S.A. Upon authority of our recent decision in Clement v. Aztec Sales, Inc., 297 So.2d 1, opinion filed June 19, 1974, the decision of the District Court of Appeal is reversed and the cause is remanded with directions that the District Court consider petitioner's appeal on the merits.
It is so ordered.
ROBERTS, ERVIN, DEKLE and OVERTON, JJ., concur.