Opinion
No. 34008.
June 9, 1965.
Writ of Certiorari to District Court of Appeal, Third District.
Garland M. Budd, Miami, for petitioners.
Richard L. Lapidus, Miami, for respondents.
Initial inspection suggested that the decision under review, Odell et al. v. Signer et al., 169 So.2d 851, was prima facie in conflict with prior decisions of this Court and another District Court. We granted certiorari to hear arguments on both jurisdiction and merits
After oral arguments and a careful further study of the record and briefs we have decided that no jurisdictional conflict of decisions is present. We therefore conclude that the writ was improvidently issued and it must be discharged.
It is so ordered.
THORNAL, CALDWELL, ERVIN and BARNS (Retired), JJ., concur.
DREW, C.J., dissents with opinion.
I think we have jurisdiction and that the decision of the District Court is erroneous.