From Casetext: Smarter Legal Research

Precision Const. v. Valtec Const

District Court of Appeal of Florida, Third District
Nov 16, 2005
913 So. 2d 1272 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D05-574.

November 16, 2005.

A Case of Original Jurisdiction — Mandamus.

David Harris Singer, Hollywood, and Maureen O'Donnell, Miami, for appellant.

Gary B. Goldman, for appellee.

Before GERSTEN, SHEPHERD, and SUAREZ, JJ.


On Motion for Rehearing Granted


We hereby grant respondent's motion for rehearing, withdraw our opinion dated July 13, 2005, and substitute the following:

Upon consideration of Valtec's motion for rehearing, we exercise our discretion to deny Precision's Petition for Writ of Mandamus. Dickinson v. Stone, 251 So.2d 268 (Fla. 1971) (mandamus is not awarded as a matter of right, but in the exercise of sound judicial discretion); O'Brien v. O.W. Campbell, 118 So.2d 672 (Fla. 3d DCA 1960) (accord).


Summaries of

Precision Const. v. Valtec Const

District Court of Appeal of Florida, Third District
Nov 16, 2005
913 So. 2d 1272 (Fla. Dist. Ct. App. 2005)
Case details for

Precision Const. v. Valtec Const

Case Details

Full title:PRECISION CONSTRUCTORS, INC., Petitioner, v. VALTEC CONSTRUCTION, INC.…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 16, 2005

Citations

913 So. 2d 1272 (Fla. Dist. Ct. App. 2005)