District Court of Appeal of Florida December 28, 1979, No. QQ-137 (Fair Havens Retirement Home v. Darville)

lead-opinion

PER CURIAM.

AFFIRMED.

ROBERT P. SMITH, Jr., and ERVIN, JJ., concur.

BOOTH, J., dissenting.

dissent

BOOTH, Judge,

dissenting.

I respectfully dissent from the majority’s retention of jurisdiction in this cause. See, Key Biscayne Hotel v. McKenney, 378 So.2d 1277 (Fla. 1st DCA 1979). On the merits, if properly before us, I would affirm.