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CITY OF NEW SMYRNA BEACH, ETC. v. McWHORTER

No. 60961.

418 So.2d 261 (1982)

CITY OF NEW SMYRNA BEACH UTILITIES COMMISSION, Petitioner, v. Robert McWHORTER, Respondent.

Supreme Court of Florida.

July 29, 1982.

Attorney(s) appearing for the Case

Jacqueline R. Griffin of Dempsey & Slaughter, Orlando, for petitioner.

Judson I. Woods, Jr., of Woods & Watson, New Smyrna Beach, for respondent.

McDONALD, Justice.

We have for review McWhorter v. City of New Smyrna Beach Utilities Commission, 400 So.2d 23 (Fla. 5th DCA 1981), because of conflict with Goodyear Tire & Rubber Co. v. Hughes Supply, Inc., 358 So.2d 1339 (Fla. 1978). We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution, and quash the holding of the district court.

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