Thoman v. Ashley, 34154
| Decision Date | 07 July 1965 |
| Docket Number | No. 34154,34154 |
| Citation | 177 So.2d 205 |
| Parties | Stanley B. THOMAN et al., Petitioners, v. Timmothy ASHLEY, etc., et al., Respondents. |
| Court | Florida Supreme Court |
Fleming, O'Bryan & Fleming and Norman C. Roettger, Jr., Ft. Lauderdale, for petitioners.
Frates, Fay & Floyd and Larry S. Stewart, Miami, for respondents.
When the petition for certiorari was presented we decided to hear argument on jurisdiction and merits.
Now having heard the argument and further studied the briefs we conclude that no conflict has been shown justifying exercise of jurisdiction of this court especially as the petitioner sought a decision of the question whether or not nonsuits are still available in our practice while the District Court of Appeal in their opinion in 170 So.2d at page 333 observed that they were 'unable to reach the nonsuit question * * *.'
The absence of 'direct conflict * * * on the same point of law,' to quote from Sec. 4(2) of Art. V of the Constitution, F.S.A., impels us to deny the petition for certiorari.
Meanwhile this court has decided in Crews v. Dobson, Fla., 177 So.2d 202, opinion filed 7 July 1965, that nonsuits are no longer recognized.
Petition for certiorari is denied.
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Donnell v. Industrial Fire and Cas. Co.
...final judgment which disposes of the controversy in the first one. Thoman v. Ashley, 170 So.2d 332 (Fla. 2d DCA 1964), cert. denied, 177 So.2d 205 (Fla.1965); Peaslee v. Michalski, 167 So.2d 242 (Fla. 2d DCA 1964). And it is settled by a veritable host of Florida authorities that an order, ......
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McLean v. McLean, 84-482
...judicata issue. See Betts v. Betts, 63 So.2d 302 (Fla.1953) and Thomas v. Ashley, 170 So.2d 332 (Fla. 2d DCA 1964), cert. denied, 177 So.2d 205 (Fla.1965). Here, the wife pled and proved that the dissolution of the parties' marriage was reduced to a final judgment; however, both parties adm......
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St. Johns River Terminal Co. v. Pickett
...177 So.2d 202, opinion filed July 7, 1965, the Supreme Court affirmed this court's aforementioned decision. Also see Thoman v. Ashley, Supreme Court, 177 So.2d 205, opinion filed July 7, Reversed and remanded with directions to the trial court to vacate the judgment of non-suit and costs, a......