SCOTT v. BROWARD NATIONAL BANK OF FORT LAUDERDALE

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Docket Number

No. 36585.

Attorney(S)

Wallace W Kennedy, of Patterson, Ma- Kelley, Tompkins Griffin, Ft. Lauderdale, for respondent.

Judges

E Harris Drew

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ROBERT C. SCOTT, GUARDIAN OF THE PROPERTY OF SUSAN JANE WEYMER, A MINOR, PETITIONER, v. BROWARD NATIONAL BANK OF FORT LAUDERDALE, EXECUTOR OF THE ESTATE OF EARL M. WEYMER, DECEASED, RESPONDENT.

PER CURIAM.

Upon consideration of this cause after oral argument, we find that the writ of certiorari heretofore issued in this cause was improvidently issued and it is hereby discharged.

It is so ordered.

CALDWELL, C.J., and ROBERTS, THORNAL and ADAMS, JJ., concur.

DREW, J., dissents with opinion.

ERVIN, J., dissents and concurs with DREW, J.

DREW, Justice (dissenting).

Agreeing as I do with the views expressed by Mr. Chief Judge Walden in his very able and comprehensive dissenting opinion in the District Court (In re Estate of Weymer, Deceased, Fla.App. 4th, 199 So.2d 495-497), I adopt such dissenting opinion as my dissenting opinion to the order discharging the writ herein. I would quash the majority opinion of the District Court and adopt the dissenting opinion as the correct disposition of this case.

ERVIN, J., concurs.

ROBERT C. SCOTT, GUARDIAN OF THE PROPERTY OF SUSAN JANE WEYMER, A MINOR, PETITIONER, v. BROWARD NATIONAL BANK OF FORT LAUDERDALE, EXECUTOR OF THE ESTATE OF EARL M. WEYMER, DECEASED, RESPONDENT.

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