Opinion
No. 32392.
March 11, 1964.
Petition for review from the Circuit Court of Orange County.
Robert D. Canada, Tallahassee, for petitioner.
Sam E. Murrell Sons, Orlando, for James R. Lang, respondent.
This cause is here on Petition for Writ of Certiorari alleging conflict between the decision herein and that of the District Court of Appeal, Third District, in Gross v. Ruskin. The reported opinion in the Gross case does not disclose the facts but the statement that (in condemnation) damages for loss of business "are not recoverable by a lessee" is at odds with the language of the District Court of Appeal, Second District, in the opinion herein. We refer to the latter opinion for the essential facts, circumstances and relative citations.
148 So.2d 32 (Fla.App.2d 1962).
133 So.2d 759 (Fla.App.3rd 1961).
We have concluded the District Court of Appeal properly held in this cause that a lessee for a term of years is, for the purpose of the statute, an owner and, as such, is entitled to recover business damages under the provisions thereof, any holding of Gross, supra, to the contrary notwithstanding.
Fla. Stat. § 73.10(4), F.S.A.
Respondent questions whether a terminal Sunday can be excluded in computing the time for filing notice of appeal under F.S. § 73.14, F.S.A. The point has been settled adversely to Respondent's contention by the recent opinion of this Court in Dade County Planning Department vs. Ransing, 158 So.2d 528.
The Writ of Certiorari is discharged.
ROBERTS, Acting C.J., HOBSON (Ret.), J., and WALKER, Circuit Judge, concur.
THORNAL, J., dissents.