JANET ROSE MELICK, APPELLANT,
v.
KEITH E. MELICK, APPELLEE
PER CURIAM.
The trial judge, on motion for rehearing, refused to consider Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980), which was decided the day after final judgment in this case was rendered. Disposition of a case on appeal, however, must be founded on the law in effect when the appellate court reached its decision rather than the law in effect at the time the lower court reached its decision. Hendeles v. Sanford Auto Auction, Inc., 364 So. 2d 467 (Fla.1978); Perez v. Perez, 383 So. 2d 252 (Fla. 2nd DCA 1980). Without suggesting that his rulings on the merits were correct or incorrect, we remand to the trial judge for consideration of the issues in light of the principles set forth in Canakaris v. Canakaris, supra.
REMANDED.
ERVIN, BOOTH and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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E. AIR Lines, Inc. v. Gellert, 438 So. 2d 923 (Fla. 3d DCA 1983)…ween trial and appeal. See Hendeles v. Sanford Auto Auction, Inc., 364 So. 2d 467; Florida East Coast Railway Co. v. Rouse, 194 So. 2d at 262; Winter Park Golf Estates, Inc. v. City of Winter Park, 114 Fla. 350, 153 So. 842 (1934); Melick v. Melick, 393 So. 2d 1186 (Fla. 1st DCA 1981). Gellert had a right to rely on the law which was in force when the case was tried, and in 1980 there was no need for him to prove independent fault on Eastern’s part. He will have an opportunity to do so upon the retrial of this…
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Am. Fid. Fire Ins. Co. v. Woody's Elec. Serv., Inc., 407 So. 2d 947 (Fla. 3d DCA 1981)…, Inc., 366 So. 2d 484 (Fla.3d DCA 1979); Direct Oil Corporation v. Brown, 178 So. 2d 13 (Fla.1965); 3 Fla.Jur.2d, Appellate Review, § 296. And, appellate cases are to be determined on the law at the time of the appellate decision. Melick v. Melick, 393 So. 2d 1186 (Fla. 1st DCA 1981); Zobac v. Southeastern Hospital District of Palm Beach County, 382 So. 2d 829 (Fla. 4th DCA 1980); Hendeles v. Sanford Auto Auction, Inc., 364 So. 2d 467 (Fla.1978); Weissman v. State Farm Mutual Automobile Insurance Company, 349…
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Pappadakos v. Simmon, 461 So. 2d 1020 (Fla. 3d DCA 1985)…1984) ], effective October 1, 1984 (some five months subsequent to the entry of the order appealed). See Hendeles v. Sanford Auto Auction, Inc., 364 So. 2d 467 (Fla.1978); Florida East Coast Ry. v. Rouse, 194 So. 2d 260 (Fla.1966); Melick v. Melick, 393 So. 2d 1186 (Fla. 1st DCA 1981); Zobac v. Southeastern Hospital District of Palm Beach County, 382 So. 2d 829 (Fla. 4th DCA 1980). Reversed and remanded.…
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Hendeles v. Sanford Auto Auction, Inc., 364 So. 2d 467 (Fla. 1978)
- Perez v. Perez, 383 So. 2d 252 (Fla. 2d DCA 1980)