Leveson v. State

• Decision Date: 31 January 1963
• Docket Number: No. 61-512,61-512
• Citation: Leveson v. State, 149 So.2d 80 (Fla. App. 1963)
• Parties: Harris LEVESON, Jr., Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 80

149 So.2d 80

Harris LEVESON, Jr., Appellant, v. STATE of Florida, Appellee.

No. 61-512.

District Court of Appeal of Florida, Third District.

Jan. 31, 1963.

Manners & Amoon, Miami, for appellant.

Richard W. Ervin, Atty. Gen., and B. Clarke Nichols and David U. Tumin, Asst. Attys. Gen., for appellee.

Before PEARSON, TILLMAN, C. J., and CARROLL and HENDRY, JJ.

PER CURIAM.

This is the second appearance of this appeal before us. Our decision upon the appeal is reported at Fla.App., 138 So.2d 361. On September 12, 1962, the Supreme Court of Florida granted a writ of certiorari and set the cause for consideration on jurisdiction and merits. Thereafter, by opinion filed December 19, 1962, 147 So.2d 524, the Supreme Court relinquished jurisdiction of the cause to this Court with the request that we 'prepare and adopt a majority opinion setting forth the theory and reasoning upon which the majority bases its judgment of reversal.' In the earnest reconsideration of this appeal and with every effort expended to clarify the majority view and to eliminate the ambiguities found by the Supreme Court in the separate views of the majority judges, we have been unable to reconcile the conscientiously held views of the separate judges as to some of the reasoning employed to reach our decision.

We think that it is clear, from the opinions previously filed, both by this Court and the Supreme Court, that the majority reaches its decision on this appeal upon the facts set forth in the...