Cohen v. Cohen

Decision Date08 December 1971
Docket NumberNo. 41162,41162
Citation255 So.2d 524
PartiesAlfred COHEN and Ewald Ziffer, as co-executors of the Estate of Arthur Cohen, Deceased, Petitioners, v. Jeffrey B. COHEN et al., Respondents.
CourtFlorida Supreme Court

Writ of Certiorari to the District Court of Appeal, Third District, 246 So.2d 581.

Arthur J. England, Jr., and Norman A. Coll, of McCarthy, Steel, Hector & Davis, Maiami, for petitioners.

Burton Young, of Snyder, Young & Stern, North Miami Beach, for respondents.

PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court because of conflict with Blanton v. Blanton, 154 Fla. 750, 18 So.2d 902 (1944), and Gibson v. Gibson, 249 So.2d 446 (Fla.App.1st, 1971). We issued the writ and have heard argument of the parties. After hearing argument and upon further consideration of the matter, we have determined that there is no conflict and the Court is without jurisdiction. Therefore, the writ must be and is hereby discharged and the petition for writ of certiorari is dismissed.

It is so ordered.

ROBERTS, C.J., and CARLTON, ADKINS, BOYD, McCAIN, DEKLE and DREW (Retired), JJ., concur.

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7 cases
  • Brewer v. Brewer
    • United States
    • Nebraska Supreme Court
    • 17 Diciembre 1993
    ...without a motion for modification of the decree. The mother cites Cohen v. Cohen, 246 So.2d 581 (Fla.App.1971), writ discharged 255 So.2d 524 (Fla.), as support for her proposition that in the absence of a provision in the property settlement between her and the father, the estate is not en......
  • Lake v. Lake
    • United States
    • Texas Court of Appeals
    • 14 Abril 1995
    ...indicating the parties' intent." Id. at 1387. Similarly in Cohen v. Cohen, 246 So.2d 581, 583 (Fla.Ct.App.), writ discharged, 255 So.2d 524 (Fla.1971), the court held that because the property settlement agreement and divorce decree did not provide for a credit, none would be given. Finally......
  • Craver v. Craver, 63982
    • United States
    • Missouri Supreme Court
    • 26 Abril 1983
    ...omitted) (emphasis added). In this case the court of appeals, citing Cohen v. Cohen, 246 So.2d 581 (Fla.App.), cert. dismissed, 255 So.2d 524 (Fla.1971), attempted to distinguish McClaskey on the ground that it involved a decretal, rather than a contractual, obligation. 1 Although that is o......
  • Allsup, In Interest of
    • United States
    • Texas Court of Appeals
    • 18 Junio 1996
    ...provided for in dissolution decree, indicating the parties' intent); Cohen v. Cohen, 246 So.2d 581 (Fla.Ct.App.), writ discharged, 255 So.2d 524 (Fla.1971) (no credit given for Social Security benefits because not provided for in property settlement agreement and divorce decree); and Heppne......
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