Opinion
No. 34021.
May 19, 1965.
Writ of Certiorari to the District Court of Appeal, Third District.
Allen Clements, Jr., Miami Beach, for petitioner.
Myers, Heiman Kaplan, Miami, for respondent.
By petition for a writ of certiorari we are requested to review a decision of a District Court of Appeal, 170 So.2d 61, which allegedly conflicts with prior decisions of this court.
Our initial examination of the petition and record suggested a possible jurisdictional conflict. We issued the writ and have heard arguments on both jurisdiction and merits.
After a thorough consideration of the petition and record we are now led to conclude that no jurisdictional conflict of decisions is present. Finding, therefore, that the writ was improvidently issued, it is hereby discharged.
It is so ordered.
DREW, C.J., and ROBERTS, CALDWELL and ERVIN, JJ., and WILLIS, Circuit Judge, concur.