GENERAL MILLS, INC. v. McGRIFF, 212 So.2d 7 (Fla. 1968)

GENERAL MILLS, INC., A DELAWARE CORPORATION, PETITIONER, v. EMMETT McGRIFF AND VERNA LOU McGRIFF, WIFE, INDIVIDUALLY AND AS CO-PARTNERS DOING BUSINESS AS ECHO LAKE FARM, RESPONDENTS.

No. 36583.Supreme Court of Florida.
June 5, 1968. Rehearing Denied July 22, 1968.

Writ of Certiorari to the District Court of Appeal, First District.

James E. Clayton of Clayton, Arnow, Duncan, Johnston, Clayton
Quincey, Gainesville, for petitioner.

Smith, Elliot, Schwalbe, Spraker Nichols, Jacksonville, for respondent.

PER CURIAM.

Inasmuch as there is no utterance by the District Court of Appeal which can be considered to conflict with any expression of this Court or any District Court of Appeal on the subject, we now decide that the writ of certiorari was improvidently issued, so it is discharged.

THOMAS, THORNAL, ERVIN and ADAMS, JJ., concur.

DREW, J., agrees only to discharge of writ.

CALDWELL, C.J., and ROBERTS, J., dissent.

See New York Life Ins. Co. v. Oates, 141 Fla. 164, 192 So. 637
(1939); Foley v. Weaver Drugs, Inc., 177 So.2d 221 (Fla. 1965).