Wing v. Norton Company

Full title: F. DONALD WING AND THOMAS H. DALY, APPELLANTS, v. NORTON COMPANY, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 26, 1975

319 So. 2d 98 (Fla. Dist. Ct. App. 1975)

Opinion

No. 75-359.

September 26, 1975.

Interlocutory appeal from Circuit Court, Palm Beach County; Hugh MacMillan, Judge.

Paul B. Erickson, of Alley, Maass, Rogers, Lindsay Chauncey, Palm Beach, for appellant-Wing.

Earl L. Maxwell, Jr., of Farish Farish, West Palm Beach, for appellant-Daly.

Will A. Nason, Nason, Gildan Yeager, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CROSS and OWEN, JJ., concur.

WALDEN, C.J., dissents with opinion.

WALDEN, Chief Judge (dissenting):

Under the facts of this case it is my opinion that Norton Company was involved with interstate and intrastate transactions so that the state is empowered to require Norton to qualify to do business. I would reverse upon authority of Eli Lilly and Company v. Sav-On-Drugs, Inc., 366 U.S. 276, 81 S.Ct. 1316, 6 L.Ed.2d 288 (1961).

I do, therefore, dissent.