Opinion
Nos. 33937, 33937-A.
September 8, 1965. Rehearing Denied February 28, 1966.
Writs of Certiorari to the District Court of Appeal, Third District.
Paul A. Louis, Bertha Claire Lee and Sinclair, Barfield Louis, Miami, for petitioner.
S.O. Carson, John H. Wahl, Jr., and Walton, Lantaff, Schroeder, Atkins, Carson Wahl, Miami, for The Houston Corporation.
Dixon, DeJarnette, Bradford, Williams, McKay Kimbrell and James A. Dixon, Jr., Miami, for 76th Street Corporation.
The petition for certiorari initially suggested a jurisdictional conflict of decisions. Rodriguez et al. v. Houston Corp. et al., Fla.App., 167 So.2d 746. We granted the writ but set the matter for hearing on both jurisdiction and merits.
We have heard oral arguments and have carefully examined the decision under review, together with the briefs and supporting record. We have now concluded that a jurisdictional conflict is not present, so the writ must be discharged as having been improvidently issued.
It is so ordered.
THORNAL, C.J., THOMAS, ROBERTS and DREW, JJ., and KING, Circuit Judge, concur.