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LUBELL v. ROMAN SPA, INC.

No. 50083.

362 So.2d 922 (1978)

Marion LUBELL, Petitioner, v. ROMAN SPA, INC., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied October 16, 1978.

Attorney(s) appearing for the Case

David R. Lewis of Lewis, Paul, Isaac & Castillo, Jacksonville, for petitioner.

Marion R. Shepard of Mathews, Osborne, Ehrlich, McNatt, Gobelman & Cobb, and Carle A. Felton, Jr., of Boyd, Jenerett, Leemis & Staas, Jacksonville, for respondents.

BOYD, Justice.

In this case the District Court of Appeal, First District, applied an earlier decision as controlling precedent. The decision should not have served as precedent because this case contains materially different facts. Such a "misapplication of law" generates conflict1 between the two decisions and gives us jurisdiction.2

The facts of the case appear in the opinion3

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