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BANYAN CAFETERIAS, INC. v. FAITH LUTHERAN CHURCH

No. 31940.

151 So.2d 426 (1963)

BANYAN CAFETERIAS, INC., #3, a Florida corporation, Petitioner, v. The FAITH LUTHERAN CHURCH OF HIALEAH, Florida, a non-profit Florida corporation, H.H. Weichmann, and Earl Brick, Respondents.

Supreme Court of Florida.

Rehearing Denied March 18, 1963.

Attorney(s) appearing for the Case

Sibley, Grusmark, Giblin, King & Levenson and Irving B. Levenson, Miami Beach, for petitioner.

Stone & Bittel and Jordan Bittel, Miami, for respondents.

THOMAS, Justice.

This controversy has come to us under Section 4(2) of Article V of the Constitution, F.S.A., vesting jurisdiction in this Court to determine via certiorari "any decision of a district court of appeal * * * that is in direct conflict with a decision of another district court of appeal or of the supreme court on the same point of law * * *."

It is plain to us that in this case such a conflict has been...

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