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NIELSEN v. CITY OF SARASOTA

117 So.2d 731 (1960)

Kenneth NIELSEN, Minor, by His Mother and Next Friend, Clara Nielsen, and Clara Nielsen, Individually, Petitioners, v. CITY OF SARASOTA, a Municipal Corporation of the State of Florida, and Sarasota Bay Post No. 30, American Legion, a Florida Corporation, Respondents.

Supreme Court of Florida.

February 3, 1960.

Attorney(s) appearing for the Case

J.W. Cullis of Icard, Merrill & Cullis, Sarasota, for petitioners.

Worth Dexter, Jr., of Dexter, Conlee & Bissell, Sarasota, for City of Sarasota.

R.C. Glos and Thomas C. MacDonald, Jr., of Shackleford, Farrior, Stallings, Glos & Evans, Tampa, for Sarasota Bay Post No. 30, American Legion.

THORNAL, Justice.

Petitioners seek review of a decision of the District Court of Appeal, Second District, which allegedly conflicts with a prior decision of this Court. Article V, Section 4(2), Florida Constitution, F.S.A. Sensing potential jurisdiction we granted certiorari.

The point to be determined is whether the decision below is in conflict with the decision of this Court in Tucker Brothers, Inc. v. Menard, Fla., 90 So.2d 908

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