Crown Central Petroleum Corp. v. Standard Oil Co.

Decision Date13 June 1962
Docket NumberNo. 31561,31561
Citation142 So.2d 731
CourtFlorida Supreme Court
PartiesCROWN CENTRAL PETROLEUM CORPORATION, Petitioner, v. STANDARD OIL COMPANY et al., Respondents.

D. Fred McMullen, of Ausley, Ausley, McMullen, O'Bryan, Michaels & McGehee, Tallahassee, for petitioner.

Earl B. Hadlow, of Botts, Mahoney, Whitehead, Ramsaur & Hadlow, Jacksonville, for Standard Oil Co.

Richard W. Ervin, Atty. Gen., and Wilson W. Wright, Asst. Atty. Gen., for Secretary of State.

PER CURIAM.

Petitioner seeks to invoke the jurisdiction of this Court under Section 4(2) of Article V of the Florida Constitution, F.S.A., providing that 'the supreme court may review by certiorari any decision of a district court of appeal that affects a class of constitutional or state officers * * *'.

The Court has heard argument of respective counsel on the question of whether this Court has jurisdiction and has concluded that, under the particular facts of this case, no jurisdiction is vested in this Court to entertain these proceedings.

Certiorari denied.

THOMAS, DREW, THORNAL and O'CONNELL, JJ., concur.

CALDWELL, J., concurs specially.

ROBERTS, C. J., and TERRELL, J., dissent.

CALDWELL, Justice (concurring specially).

Under the facts here present the petition is denied.

TERRELL, Justice (dissenting).

I dissent for reasons stated in my dissent in Larson et al. v. Harrison et al., Fla., 142 So.2d 727.

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4 cases
  • Selchow & Righter Co. v. Goldex Corp., 84-8264-Civ-Paine.
    • United States
    • U.S. District Court — Southern District of Florida
    • 20 Febrero 1985
    ...Pursuit" in connection with an established business. See, Crown Central Petroleum Corp. v. Standard Oil Co. 135 So.2d 26, cert. den. 142 So.2d 731 (Fla.1962); and Sheila's Shine Products, Inc. v. Sheila Shine, Inc., 486 F.2d 114 (5th The same elements necessary to prove statutory trademark ......
  • Merit Publications, Inc. v. Compact Publications, Inc.
    • United States
    • Court of Appeal of Florida (US)
    • 23 Marzo 1982
    ...So.2d 789 (Fla. 4th DCA 1975); Crown Central Petroleum Corp. v. Standard Oil Co., 135 So.2d 26 (Fla. 1st DCA 1961), cert. denied, 142 So.2d 731 (Fla.1962). Reversed and remanded for further ...
  • Florida State Bd. of Health v. Lewis
    • United States
    • United States State Supreme Court of Florida
    • 9 Enero 1963
    ...Harrison, Fla., 142 So.2d 727. There is only one Secretary of State, not a class of Secretaries of State. Crown Central Petroleum Corp. v. Standard Oil Co. et al., Fla., 142 So.2d 731. The obvious purpose of the subject constitutional provision was to authorize this Court to review decision......
  • Gene Harris Travel Service, Inc. v. Harris Travel Service, Inc.
    • United States
    • Court of Appeal of Florida (US)
    • 18 Marzo 1986
    ...similar mark may be abrogated if it is likely, when applied to the goods in question, to cause confusion or mistake), cert. denied, 142 So.2d 731 (Fla.1962). We do not reach the issue of plaintiff's entitlement to fees under chapter 501, Florida Statutes (1983) since the issue was not decid......

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