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O'Rourke v. Associates Discount Corp.

District Court of Appeal of Florida, Third District
Feb 8, 1972
257 So. 2d 298 (Fla. Dist. Ct. App. 1972)

Opinion

No. 71-256.

February 8, 1972.

Appeal from Civil Court of Record, Dade County; Edward S. Klein, Judge.

Feibelman, Friedman, Britton Stettin, Fort Lauderdale, for appellant.

Shutts Bowen, William A. Ingraham, Jr., Miami, for appellees.

Before SWANN, C.J., and PEARSON and BARKDULL, JJ.


This is an appeal in which an opinion of the Supreme Court of Florida has changed the law applicable at the time of the decision in the trial court. See First National Bank of Leesburg v. Hector Supply Company, Fla.App. 1971, 236 So.2d 204; quashed Fla. 1971, 254 So.2d 777. Accordingly the final judgment in garnishment is reversed. See Coleman v. American Bankers Insurance Co. of Fla., Fla.App. 1969, 228 So.2d 410.

The instant appeal has been delayed by numerous stipulations to await the decision in the Supreme Court.

Reversed and remanded for further proceedings in accordance with the law set forth in First National Bank of Leesburg v. Hector Supply Company, supra.


Summaries of

O'Rourke v. Associates Discount Corp.

District Court of Appeal of Florida, Third District
Feb 8, 1972
257 So. 2d 298 (Fla. Dist. Ct. App. 1972)
Case details for

O'Rourke v. Associates Discount Corp.

Case Details

Full title:THOMAS F. O'ROURKE, APPELLANT, v. ASSOCIATES DISCOUNT CORPORATION AND THE…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 8, 1972

Citations

257 So. 2d 298 (Fla. Dist. Ct. App. 1972)