State ex rel. La Vigne Electric Co. v. Floyd

District Court of Appeal of Florida

State ex rel. La Vigne Electric Co. v. Floyd

131 So. 2d 208

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1961

DocketNos. 61-264, 61-265

StatusPublished

Cited by3 cases

This text of 131 So. 2d 208 (State ex rel. La Vigne Electric Co. v. Floyd) 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.

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State ex rel. La Vigne Electric Co. v. Floyd, 131 So. 2d 208 (Fla. Ct. App. 1961).

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Opinion

PER CURIAM.

A rule nisi in prohibition was issued in each of these cases. No return has been made by the respondent. We have therefore considered the allegations of the suggestion and the documents in support thereof. See State ex rel. Ginsberg v. Wiseheart, Fla.App.1960, 120 So.2d 810.

We hold that the suggestion makes a prima facie case. A trial judge may not grant a petition for rehearing addressed to a summary final judgment. Cf. Marans v. Stang, Fla.App.1960, 124 So.2d 891.

Accordingly, judgment in prohibition is awarded, but we assume it will not be necessary to issue the writ.

HORTON, C. J., and PEARSON, and CARROLL, CHAS., JJ., concur.

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