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DADE COUNTY v. PEACHEY

No. 65-152.

181 So.2d 353 (1965)

DADE COUNTY, a political subdivision of the State of Florida, and Louis Carter Hartley, Appellants, v. Frederick Arthur PEACHEY, Jr., as Administrator of the Estate of the deceased minor, Frederick Arthur Peachey, III, and Frederick Arthur Peachey, Jr., individually, Appellees.

District Court of Appeal of Florida. Third District.

On Rehearing January 11, 1966.

Attorney(s) appearing for the Case

William H. Peeples and John E. Finney, Sam Daniels, Miami, for appellants.

Frates, Fay & Floyd and Malcolm Fromberg, Miami, for appellees.

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

TILLMAN PEARSON, Judge.

We are required to decide on this appeal what shall be done in a case where the trial judge granted a nonsuit prior to the decision of the Supreme Court of Florida in Crews v. Dobson, Fla. 1965, 177 So.2d 202. The Supreme Court in the Crews case held that the common law right of nonsuit no longer exists in this State and also approved the result reached by the District Court of Appeal, First District, in...

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