Dukes v. Dukes, No. 50439

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; OVERTON
Citation351 So.2d 1021
PartiesAllie N. DUKES, Petitioner, v. Stephen L. DUKES, Sadie Dukes, and Barbara A. Albritton, Respondents.
Decision Date03 November 1977
Docket NumberNo. 50439

Page 1021

351 So.2d 1021
Allie N. DUKES, Petitioner,
v.
Stephen L. DUKES, Sadie Dukes, and Barbara A. Albritton, Respondents.
No. 50439.
Supreme Court of Florida.
Nov. 3, 1977.

Writ of Certiorari to the District Court of Appeal, First District, 346 So.2d 544.

Ronald H. Cole and Frank M. Gafford, Lake City, for petitioner.

Martin S. Page, of Darby, Peele, Page & Bowdoin, and Marlin M. Feagle, Lake City, for respondents.

PER CURIAM.

The petition for writ of certiorari reflected apparent jurisdiction in this Court. The Writ was issued, and upon further consideration of the matter, we have determined that 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.

OVERTON, C. J., and ADKINS, BOYD and HATCHETT, JJ., concur.

ENGLAND, SUNDBERG and KARL, JJ., dissent.

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2 practice notes
  • Walton v. Estate of Walton, No. 91-2292
    • United States
    • Court of Appeal of Florida (US)
    • June 30, 1992
    ...same position in examining the testimony as is the trial judge. Dukes v. Dukes, 346 So.2d 544, 545 (Fla. 1st DCA1976), cert. dismissed, 351 So.2d 1021 (Fla.1977); Phipps v. Sheffman, 211 So.2d 598 (Fla. 3d DCA1968); L & S Enters., Inc. v. Miami Tile & Terrazzo, Inc., 148 So.2d 299, ......
  • Severini v. Pan American Beauty School, Inc., No. 89-715
    • United States
    • Court of Appeal of Florida (US)
    • February 28, 1990
    ...v. Florida Atlantic University, 413 So.2d 833 (Fla. 1st DCA 1982); Dukes v. Dukes, 346 So.2d 544 (Fla. 1st DCA 1976), cert. dismissed, 351 So.2d 1021 (Fla.1977). Our review of the testimony reveals a lack of the requisite competent, substantial evidence to support the finding in the appeale......
2 cases
  • Walton v. Estate of Walton, No. 91-2292
    • United States
    • Court of Appeal of Florida (US)
    • June 30, 1992
    ...same position in examining the testimony as is the trial judge. Dukes v. Dukes, 346 So.2d 544, 545 (Fla. 1st DCA1976), cert. dismissed, 351 So.2d 1021 (Fla.1977); Phipps v. Sheffman, 211 So.2d 598 (Fla. 3d DCA1968); L & S Enters., Inc. v. Miami Tile & Terrazzo, Inc., 148 So.2d 299, ......
  • Severini v. Pan American Beauty School, Inc., No. 89-715
    • United States
    • Court of Appeal of Florida (US)
    • February 28, 1990
    ...v. Florida Atlantic University, 413 So.2d 833 (Fla. 1st DCA 1982); Dukes v. Dukes, 346 So.2d 544 (Fla. 1st DCA 1976), cert. dismissed, 351 So.2d 1021 (Fla.1977). Our review of the testimony reveals a lack of the requisite competent, substantial evidence to support the finding in the appeale......

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