Lawyers Title Ins. Corp. v. Little River Bank & Trust Co., 39367
| Decision Date | 18 February 1970 |
| Docket Number | No. 39367,39367 |
| Court | Florida Supreme Court |
| Parties | LAWYERS TITLE INSURANCE CORP., Petitioner, v. LITTLE RIVER BANK & TRUST COMPANY and Rachel Mechlowitz, Respondents. |
George N. Jahn, Miami, and Richard H. W. Maloy & Associates, Coral Gables, for petitioner.
Herbert L. Nadeau, of Shutts p Bowen, Miami, for respondents.
Petitioner's counsel has filed a petition in this Court for a writ of certiorari to the Third District Court of Appeal seeking a review of the District Court's decision reported at 228 So.2d 412 (3rd D.C.A., Fla.1969). Petitioner's counsel '(S)ubmits that jurisdiction of the Supreme Court is based upon the District Court of Appeal's misconstruction or misapplication of Rule 1.170(a) of the Florida Rules of Civil Procedure.' The petition's claim to jurisdiction is based solely on the above: no decisional conflict is alleged; no class of constitutional or State officers are allegedly affected; no public interest certification is suggested.
Respondent has responded appropriately with a motion to quash the petition because,
We are granting respondent's motion because we think it necessary to remind our fellow practitioners that jurisdiction in this Court is a matter strictly described by Article V, Section 4(2) of our Constitution, F.S.A. To this end, we recall attention to Mr Justice Thornal's succinct commentary in Karlin v. City of Miami Beach, 113 So.2d 551 (Fla.1959), at 552--553:
'Article V, Section 4(2), Florida Constitution, provides in part that the Supreme Court may review by certiorari: (1) 'Any decision of a district court of appeal that affects a class of constitutional or state officers' or, (2) 'that passes upon a question certified by the district court of appeal to be of great public interest', or (3) 'That is in direct conflict with a decision of another district court of appeal or of the supreme court on the same point of law.'
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