Seaboard Coast Line Railroad v. Swain

District Court of Appeal of Florida

Seaboard Coast Line Railroad v. Swain

347 So. 2d 138, 1977 Fla. App. LEXIS 16113

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 1977

DocketNo. EE-421

StatusPublished

This text of 347 So. 2d 138 (Seaboard Coast Line Railroad v. Swain) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Seaboard Coast Line Railroad v. Swain, 347 So. 2d 138, 1977 Fla. App. LEXIS 16113 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

Appellant again assaults this court’s decision in Adams v. Seaboard Coast Line Railroad Company, 224 So.2d 797 (Fla. 1st DCA 1969), urging that it is ill reasoned, erroneous and that we should recede therefrom. We have again considered that opinion in the light of the facts sub judice and have determined not to recede. See Shaw v. S.C.L.R. Co., 229 So.2d 275 (Fla. 1st DCA 1970), cert. den. 237 So.2d 540 (Fla.1970); S.C.L.R. Co. v. Ford and Britt, 238 So.2d 473 (Fla. 1st DCA 1970); S.C.L.R. Co. v. West, 242 So.2d 156 (Fla. 1st DCA 1971), cert. den. 246 So.2d 112 (Fla.1971); S.C.L.R. Co. v. Dixon, 303 So.2d 39 (Fla. 1st DCA 1974), cert. den. 315 So.2d 181 (Fla.1975), cert. den. 423 U.S. 939, 96 S.Ct. 300, 46 L.Ed.2d 271 (1975); Schultz v. Great American Mortgage Investors, 306 So.2d 572 (Fla. 1st DCA 1975) and Killingsworth v. Montgomery Ward & Co., 327 So.2d 50 (Fla. 2nd DCA 1976).

The order of the learned trial judge here interlocutory appeal is

AFFIRMED.

BOYER, C. J., and RAWLS and McCORD, JJ., concur.

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PER CURIAM.

Appellant again assaults this court’s decision in Adams v. Seaboard Coast Line Railroad Company, 224 So.2d 797 (Fla. 1st DCA 1969), urging that it is ill reasoned, erroneous and that we should recede therefrom. We have again considered that opinion in the light of the facts sub judice and have determined not to recede. See Shaw v. S.C.L.R. Co., 229 So.2d 275 (Fla. 1st DCA 1970), cert. den. 237 So.2d 540 (Fla.1970); S.C.L.R. Co. v. Ford and Britt, 238 So.2d 473 (Fla. 1st DCA 1970); S.C.L.R. Co. v. West, 242 So.2d 156 (Fla. 1st DCA 1971), cert. den. 246 So.2d 112 (Fla.1971); S.C.L.R. Co. v. Dixon, 303 So.2d 39 (Fla. 1st DCA 1974), cert. den. 315 So.2d 181 (Fla.1975), cert. den. 423 U.S. 939, 96 S.Ct. 300, 46 L.Ed.2d 271 (1975); Schultz v. Great American Mortgage Investors, 306 So.2d 572 (Fla. 1st DCA 1975) and Killingsworth v. Montgomery Ward & Co., 327 So.2d 50 (Fla. 2nd DCA 1976).

The order of the learned trial judge here interlocutory appeal is

AFFIRMED.

BOYER, C. J., and RAWLS and McCORD, JJ., concur.

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347 So. 2d 138, 1977 Fla. App. LEXIS 16113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seaboard-coast-line-railroad-v-swain-fladistctapp-1977.

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