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WESTERMAN v. SHELL'S CITY, INC.

No. 42162.

265 So.2d 43 (1972)

Max WESTERMAN, Individually and As Trustee for Gala Showplace, Inc., a Dissolved Florida Corporation, Petitioner, v. SHELL'S CITY, INC., a Florida Corporation, Respondent.

Supreme Court of Florida.

July 19, 1972.

Attorney(s) appearing for the Case

Alan H. Rothstein, Miami, for petitioner.

Thomas H. Anderson and Robert C. Sommerville, of Shutts & Bowen, Miami, for respondent.

PER CURIAM:

Upon petition for certiorari to review the opinion of the Third District Court of Appeal at 257 So.2d 276 (1971), conflict appears with the myriad cases1 setting forth the rule that an appellate court cannot substitute its judgment by a reevaluation of the evidence, vesting jurisdiction here under Fla. Const. art. V, § 4(2), F.S.A.

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