Scott v. Broward National Bank of Fort Lauderdale

• Decision Date: 28 February 1968
• Docket Number: No. 36585,36585
• Parties: Robert C. SCOTT, Guardian of the property of Susan Jane Weymer, a minor, Petitioner, v. BROWARD NATIONAL BANK OF FORT LAUDERDALE, Executor of the Estate of Earl M. Weymer, Deceased, Respondent.
• Court: Florida Supreme Court

Page 673

207 So.2d 673

Robert C. SCOTT, Guardian of the property of Susan Jane Weymer, a minor, Petitioner, v. BROWARD NATIONAL BANK OF FORT LAUDERDALE, Executor of the Estate of Earl M. Weymer, Deceased, Respondent.

No. 36585.

Supreme Court of Florida.

Feb. 28, 1968.

Rehearing Denied March 27, 1968.

Writ of Certiorari to the District Court of Appeal, Fourth District.

Wallace W Kennedy, of Patterson,

Kelley, Tompkins & Griffin, Ft. Lauderdale, for respondent.

PER CURIAM.

Upon consideration of this cause after oral argument, we find that the writ of certiorari heretofore issued in this cause was improvidently issued and it is hereby discharged.

It is so ordered.

CALDWELL, C.J., and ROBERTS, THORNAL and ADAMS, JJ., concur.

DREW, J., dissents with opinion.

ERVIN, J., dissents and concurs with DREW, J.

DREW, Justice (dissenting).

Agreeing as I do with the views expressed by Mr. Chief Judge Walden in his very able and comprehensive dissenting opinion in the District Court (In re Estate of Weymer, Deceased, Fla.App.4th, 199 So.2d 495--497), I adopt such dissenting opinion as my dissenting opinion to the order discharging the writ herein. I would quash the majority opinion of the District Court and adopt the dissenting opinion as the correct disposition of this case.

ERVIN, J., concurs.