INTERNATIONAL UNION OF OPERATING ENGINEERS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 487, APPELLANTS,
v.
MURL LONG AND SALLY LONG, HIS WIFE, APPELLEES
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This case involves a motion to correct a typographical error in a prior appellate opinion. The court grants the motion to amend the opinion to accurately reflect the intended meaning regarding union responsibility for tortious acts.
Yes, the court grants the motion to correct the typographical error, amending the prior opinion to accurately state that the trial court failed to instruct on whether the union authorized, participated in, or ratified the tortious acts of "the local union members," not "Edward Walker."
[1] An appellate court has jurisdiction to entertain a motion to correct a typographical error in its prior opinion.
[2] An appellate court may grant a motion to correct a typographical error in its opinion nunc pro tunc.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In this case, the instruction quoted above given by the trial court failed to instruct on whether Local or International either authorized, participated in, or ratified the tortious acts of Edward Walker.”
This quote represents the sentence from the prior opinion that contained the typographical error.
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Join FLexlaw to unlock all legal intelligenceThe appellees sought to correct a typographical error in a previous appellate opinion. The error involved the mistaken inclusion of "Edward Walker" in…
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PER CURIAM.
The appellees Murl Long and Sally Long have filed a motion to correct an inadvertent, typographical error appearing in the opinion of this court upon a prior appeal in this cause. International Union of Operating Engineers v. Long, 362 So. 2d 987 (Fla. 3d DCA 1978). We have jurisdiction to entertain this motion. Martin v. Martin, 139 So. 2d 406 (Fla. 1962); D.E.R. Co. v. Warriner, 156 So. 2d 183 (Fla. 3d DCA 1963).
Specifically, it is alleged that the typographical error appears in the following sentence of our opinion:
“In this case, the instruction quoted above given by the trial court failed to instruct on whether Local or International either authorized, participated in, or ratified the tortious acts of Edward Walker.” [emphasis added]. 362 So. 2d at 989.
It is urged that the words “Edward Walker” mistakenly appear in this sentence. We agree. We intended to say “the local union members,” in place of “Edward Walker” in this sentence. Indeed, all parties to this appeal later agreed that we had made such a typographical error in our opinion when the cause was on certiorari review before the Florida Supreme Court. The matter has since become significant as the appellants International Union of Operating Engineers and International Union of Operating Engineers, Local 487, now apparently seek to rely on this admitted error in subsequent proceedings in the trial court following the denial of certiorari review by the Florida Supreme Court. 372 So. 2d 469 (Fla. 1979).
The appellees’ motion is granted and it is ordered nunc pro tunc that (a) the words “Edward Walker” shall be deleted from the second sentence of the second column of our opinion appearing at 362 So. 2d 989 and (b) the above sentence in its entirety shall read as follows:
“In this case, the instruction quoted above given by the trial court failed to instruct on whether Local or International either authorized, participated in, or ratified the tortious acts of the local union members.”
Motion granted.
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Int'l Jai-Alai Players Ass'n v. Sports Palace, Inc., 564 So. 2d 281 (Fla. 5th DCA 1990)…that the union participated in, ratified, instigated, encouraged or condoned the illegal activity. International Union of Operating Engineers v. Long, 362 So. 2d 987 (Fla. 3d DCA 1978), review denied, 372 So. 2d 469 (Fla.1979), opinion corrected by 388 So. 2d 572 (Fla. 3d DCA 1980); Annot., 36 A.L.R.3d 405 (1971). No direct evidence was presented to prove that the union ratified, instigated, encouraged or condoned the strikers’ actions. Sports Palace contends that ratification can be inferred because both W…
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Authorities Cited
- Freyre v. State, 362 So. 2d 989 (Fla. 3d DCA 1978)
- Shell's City, Inc. v. Hanson, 139 So. 2d 406 (Fla. 1962)
- D. E. R. Co. v. Warriner, 156 So. 2d 183 (Fla. 3d DCA 1963)
- Int'l Union OF Operating Eng'rs & Int'l Union of Operating Eng'rs v. Murl Long and Sally Long, 362 So. 2d 987 (Fla. 3d DCA 1978)
- Delio Perez v. Gill, 362 So. 2d 987 (Fla. 3d DCA 1978)