MICHAEL ROSENBERG, APPELLANT,
v.
MELODY ROSENBERG, APPELLEE
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PER CURIAM.
WHEREAS, the judgment of this court was entered on October 25, 1977 (352 So. 2d 867), affirming in part and reversing in part the final judgment of the circuit court of Dade County, Florida, in the above styled cause; and *
WHEREAS on review of this court’s judgment, by certiorari, the Supreme Court of Florida by its opinion and judgment 371 So. 2d 672 filed May 31, 1979 and mandate now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings.
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued on December 7, 1977 is withdrawn, the judgment of this court filed October 25, 1977 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the judgment of the trial court appealed from is reinstated and affirmed and the trial court is directed to set attorney’s fees for appellee’s counsel. Costs allowed shall be taxed in the trial court (Rule 3.16, Florida Appellate Rules).
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Rosenberg v. Rosenberg, 371 So. 2d 672 (Fla. 1979)…rd District Court of Appeal is quashed, and the case remanded with directions that the trial court set attorney’s fees for Petitioner’s counsel. ENGLAND, C. J., and SUNDBERG, HATCHETT and ALDERMAN, JJ, concur. BOYD, J, dissents. Order on mandate, 372 So. 2d 1022.…
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Halpin v. Sheriff John M. Short & Pasco Cnty. Comm'n, 490 So. 2d 1271 (Fla. 2d DCA 1986)…was proper since appellant was unable to furnish the required notice and amend his complaint to allege compliance with section 768.28(6). Levine v. Dade County School Board, 442 So. 2d 210 (Fla.1983); Commercial Carrier Corp. v. Indian River County, 372 So. 2d 1022 (Fla. 3d DCA 1979). Moreover, appellant’s estoppel argument is raised for the first time and is not supported by any allegations contained in the complaint. Accordingly, we affirm the trial court’s order. SCHEB, A.C.J., and DANAHY and SANDERLIN,…
Authorities Cited
- Rosenberg v. Rosenberg, 371 So. 2d 672 (Fla. 1979)
- Rosenberg v. Rosenberg, 352 So. 2d 867 (Fla. 3d DCA 1977)