BENEROFE v. STATE ROAD DEPARTMENT

No. 37658.

217 So.2d 838 (1969)

Sidney BENEROFE, Petitioner, v. STATE ROAD DEPARTMENT of Florida, an Agency of the State of Florida, and Escambia County, a Political Subdivision of the State of Florida, et al., Respondents.

Supreme Court of Florida.

January 15, 1969.


Attorney(s) appearing for the Case

Jack S. Graff, of Levin, Askew, Warfield, Levin & Graff, Pensacola, for petitioner.

Bryan W. Henry, P.A. Pacyna and Louis S. St. Laurent, Tallahassee, for respondents.


ERVIN, Chief Justice.

The petition for writ of certiorari reflected probable jurisdiction in this Court. However, after oral argument and upon further consideration, we have determined the writ was improperly issued and the writ must be and is discharged.

In reaching this conclusion, we call attention to the fact the District Court's opinion, reported in 210 So.2d at page 28, states that while a fee title was condemned, the State Road Department did not seek...

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