SPIVEY v. BATTAGLIA

No. 40696.

258 So.2d 815 (1972)

Betty Joyce SPIVEY and Dallas H. Spivey, Her Husband, Petitioners, v. Phillip BATTAGLIA, Respondent.

Supreme Court of Florida.

Rehearing Denied March 29, 1972.


Attorney(s) appearing for the Case

John M. Cain, of Gurney, Gurney & Handley, Orlando, for petitioners.

Hubert I. Sears, Jr., of Maguire, Voorhis & Wells, Orlando, for respondent.


DEKLE, Justice.

This cause is before us on petition for writ of certiorari to review a decision of the District Court of Appeal, Fourth District, Spivey v. Battaglia, Fla. App., 242 So.2d 477 (1971). It will be seen below that there is a misapplication and therefore conflict with McDonald v. Ford, Fla.App., 223 So.2d 553 (2d DCA Fla. 1969), vesting jurisdiction here under Fla. Const. art. V, ...

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