Edward W. Whitney v. Grace W. Whitney and Marvin G. Whitney

This cause is before us on a petition and cross-petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, reported at 283 So. 2d 581. Our jurisdiction is based on conflict between the decision sought to be reviewed and City of Sanford v. Ashton; Cape Sable Corporation v. McClurg; Canell v. Arcola Housing Corp.; Burnham v. Davis Islands, Incorporated; Wise v. Quina; Owen v. Yount; Katcher v. San Souci Company., Grable v. Nunez; Foremost Properties, Inc. v. Gladman; Downing v. Bird, and City of Palmetto v. Katsch. The petition for writ of certiorari reflected apparent jurisdiction of this Court. We issued the writ and have heard argument of the parties. Upon further consideration of the matter, we have determined that the cited decisions present no direct conflict as required by the constitution, except as to the denial of a jury trial.