Opinion
No. 67843.
January 5, 1987. Rehearing Denied March 10, 1987.
Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Third District — Case No. 84-857.
Joseph C. Jacobs and Robert M. Ervin, Jr. of Ervin, Varn, Jacobs, Odom and Kitchen, Tallahassee, for petitioners.
Kevin F. Kline and Donald M. Klein of Kline, Moore and Klein, P.A., Coconut Grove, for respondents.
We granted review of the decision of the Third District Court of Appeal, Sheldon Greene Associates v. Rosinda Investments, N.V., 475 So.2d 925 (Fla. 3d DCA 1985), on the basis that it expressly and directly conflicted with Shuler v. Allen, 76 So.2d 879 (Fla. 1955). Upon further examination of the record and reconsideration of the holdings of these two cases, we find they are factually distinguishable. We therefore dismiss the petition for review.
It is so ordered.
McDONALD, C.J., and ADKINS, BOYD, OVERTON, SHAW and BARKETT, JJ., concur.
EHRLICH, J., dissents.