Dodi Pub. Co. v. Editorial America, S. A., 59042
| Decision Date | 03 July 1980 |
| Docket Number | No. 59042,59042 |
| Citation | 385 So.2d 1369 |
| Parties | DODI PUBLISHING COMPANY, Petitioner, v. EDITORIAL AMERICA, S. A., a Florida Corporation, Respondent. |
| Court | Florida Supreme Court |
Judith L. Kreeger of Kreeger & Kreeger, Miami, for petitioner.
Patricia M. Silver of Smith, Mandler, Smith, Werner, Jacobowitz & Fried, Miami Beach, for respondent.
This is a petition filed April 7, 1980, seeking review of the following per curiam opinion of the Third District Court of Appeal:
Affirmed. See Consolidated Electric Supply, Inc. v. Consolidated Electrical Distributors Southeast, Inc., 355 So.2d 853 (Fla. 3d DCA 1978).
The petitioner contends that the cited case, Consolidated Electric Supply, Inc. v. Consolidated Electrical Distributors Southeast, Inc., conflicts with Williamson v. Answer Phone of Jacksonville, 118 So.2d 248 (Fla. 1st DCA 1960), and therefore the instant opinion conflicts with another Florida appellate decision.
The jurisdiction of this Court in this cause is controlled by section 3(b)(3) of article V of the Constitution of the State of Florida, as amended March 11, 1980, effective April 1, 1980, which provides that the Supreme Court: "May review any decision of a district court of appeal . . . that expressly and directly conflicts with a decision of another district court of appeal or of the supreme court on the same question of law." A full discussion of the history and purpose of section 3 of article V, as amended, is contained in Jenkins v. State, No. 59,087, 385 So.2d 1356 (Fla. June 26, 1980).
We reject the assertion that we should reexamine a case cited in a per curiam decision to determine if the contents of that cited case now conflict with other appellate decisions. The issue to be decided from a petition for conflict review is whether there is express and direct conflict in the decision of the district court before us for review, not whether there is conflict in a prior written opinion which is now cited for authority.
The petition is dismissed.
ADKINS, J., dissents for reasons expressed in Jenkins.
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Amendments to the Florida Rules of Appellate Procedure
...is not reviewable on discretionary conflict jurisdiction. See Jenkins v. State, 385 So.2d 1356 (Fla.1980); Dodi Publishing Co. v. Editorial Am., S.A., 385 So.2d 1369 (Fla.1980). The discussion of jurisdictional brief requirements in such cases that is contained in the 1977 revision of the c......
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AMEND. TO FLA. RULES OF APPELLATE PROC.
...is not reviewable on discretionary conflict jurisdiction. See Jenkins v. State, 385 So.2d 1356 (Fla.1980); Dodi Publishing Co. v. Editorial Am., S.A., 385 So.2d 1369 (Fla.1980). The discussion of jurisdictional brief requirements in such cases that is contained in the 1977 revision of the c......
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AMEND. TO FLA. RULES OF APPELLATE PROC., SC00-718.
...is not reviewable on discretionary conflict jurisdiction. See Jenkins v. State, 385 So.2d 1356 (Fla.1980); Dodi Publishing Co. v. Editorial Am., S.A., 385 So.2d 1369 (Fla.1980). The discussion of jurisdictional brief requirements in such cases that is contained in the 1977 revision of the c......
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Schreiber v. Chase Federal Sav. & Loan Ass'n
...Fla. Const. (1980) ("expressly and directly conflicts"); Jenkins v. State, 385 So.2d 1356 (Fla.1980); Dodi Publishing Co. v. Editorial America, S.A., 385 So.2d 1369 (Fla.1980).The present case clearly falls within these guidelines. The general principles of constructive and implied actual n......
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Jurisdiction creep and the Florida Supreme Court.
...al., An Analysis of the 1980 Jurisdictional Amendment, 54 FLA. B.J. 406, 410-11 (1980). (39) See Dodi Publ'g Co. v. Editorial Am., S.A., 385 So. 2d 1369, 1369 (Fla. (40) Id. The theory rejected in Dodi is that the cited case is like the per curiam decision that cited it; thus, if there is c......