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SHELBY MUTUAL INS. CO. OF SHELBY, OHIO v. PEARSON

No. 39225.

236 So.2d 1 (1970)

SHELBY MUTUAL INSURANCE COMPANY OF SHELBY, OHIO, Petitioner/Relator, v. Tillman PEARSON, Chief Judge, Norman Hendry, Charles A. Carroll, Thomas H. Barkdull, Jr., and Richard H.M. Swann, Judges of the District Court of Appeal of Florida, Third District, and Raymond Cloud, Respondents.

Supreme Court of Florida.

May 20, 1970.

Attorney(s) appearing for the Case

Edward A. Perse, of Carey, Dwyer, Austin, Cole & Selwood, Miami, for petitioner-relator.

Horton & Schwartz and Knight, Underwood, Peters, Hoeveler & Pickle, Miami, for respondents.

DREW, Justice.

The petitioner Shelby Mutual Insurance Company of Shelby, Ohio, seeks issuance of a Writ of Mandamus directing the district Court of Appeal, Third District, to reinstate and decide on the merits an appeal dismissed by order of that court. The jurisdiction of this Court has been properly invoked under Article V, Section 4, of the Florida Constitution, F.S.A., and Florida Appellate Rules 2.1, subd. a (5) and 4.5, subd. b, 32 F.S.A., permitting this Court...

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