Opinion
No. 33062.
March 25, 1964. On Rehearing April 22, 1964. Rehearing Denied June 10, 1964.
Writ of Certiorari to the District Court of Appeal, Third District.
Dixon, DeJarnette, Bradford, Williams, McKay Kimbrell, and Sam Daniels, Miami, for petitioner.
Oscar A. White and Herbert Wall, Miami, for respondent.
Conflict certiorari is granted. The decision of the District Court of Appeal herein, 156 So.2d 785, having been found to be in conflict with Confederation Life Ass'n v. Ugalde, 164 So.2d 1, 3, recently decided by this court, is quashed and the cause remanded for disposition not inconsistent with the views expressed in the Ugalde case, supra.
It is so ordered.
DREW, C.J., and THOMAS, ROBERTS, THORNAL, O'CONNELL, CALDWELL and ERVIN, JJ., concur.
ON PETITION FOR REHEARING
We have further considered the cause on petition for rehearing and concluded that jurisdictional conflict does not clearly appear. The writ of certiorari was improvidently issued. Rehearing is granted and the writ is quashed.
It is so ordered.
DREW, C.J., THOMAS, ROBERTS, THORNAL, O'CONNELL, CALDWELL and ERVIN, JJ., concur.