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SCHERMERHORN v. LOCAL 1625 OF RETAIL CLERKS INT. ASS'N

No. 61-7.

141 So.2d 287 (1961)

Alberta SCHERMERHORN, Lois Devita, Joyce E. Thuro, and Larry Stark, Appellants, v. LOCAL 1625 OF THE RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, William Travis, President of Local 1625 of the Retail Clerks International Association, AFL-CIO; and Food Fair Stores, Inc., Southern Division, a Pennsylvania corporation, authorized to do business in Florida, Appellees.

District Court of Appeal of Florida, Third District.

September 14, 1961.

Attorney(s) appearing for the Case

Bernard B. Weksler, Miami, for appellants.

Claude Pepper Law Offices, Miami, S.G. Lippman, Washington, D.C., and Aronovitz, Aronovitz & Haverfield, Miami, for appellees.

Boardman, Bolles & Prunty and Daniel S. Pearson, Miami, for amicus curiae.

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

PER CURIAM.

Following the filing on August 31, 1961, of our opinion and judgment but before issuance of our mandate, appellees moved this court to withdraw its opinion and transfer the cause to the Supreme Court, asserting the appeal should have been made to the latter court because, they contend, the decision of the trial court was one "construing a controlling provision of the Florida * * * constitution" (Art. V, § 4(2), Fla. Const., 26 F.S.A.) and therefore...

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