FONTAINE LEMAISTRE
v.
HERMAN LEIFERS, ET AL.
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The Florida Supreme Court reversed its prior judgment affirming a Circuit Court decision after the U.S. Supreme Court reversed the case on certiorari. The court remanded the cause to the Circuit Court for Lee County to reconsider and determine the matter according to law, with costs awarded to the appellant.
The Florida Supreme Court reversed its own prior judgment and remanded the case to the Circuit Court for Lee County to vacate its original order, judgment, and decree and to hear and determine the cause pursuant to law in accordance with the U.S. Supreme Court's mandate.
“the judgment of this court was on certiorari reversed by the Supreme Court of the United States February 2, 1948 and the cause was remanded to the Supreme Court of Florida for further proceedings not inconsistent with the opinion of the Supreme Court of the United States”
Establishes the U.S. Supreme Court's reversal and the basis for the Florida Supreme Court's action on remand.
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Join FLexlaw to unlock all legal intelligenceThis case involves a judgment entered by the Circuit Court for Lee County, Florida on December 12, 1946. The Florida Supreme Court initially affirmed …
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WHEREAS, the judgment of this court was entered on June 24, 1947 affirming the judgment of the Circuit Court for Lee County, Florida in the above styled cause, and
WHEREAS, the judgment of this court was on certiorari reversed by the Supreme Court of the United States February 2, 1948 and the cause was remanded to the Supreme Court of Florida for further proceedings not inconsistent with the opinion of the Supreme Court of the United States,
WHEREAS, the mandate of the Supreme Court of the United States in this cause has been lodged in this court; and on consideration whereof, it is
ORDERED AND ADJUDGED that the judgment of this court affirming the judgment of the Circuit Court for Lee County, Florida be now reconsidered and that the judgment be reversed with directions to the Circuit Court for Lee County, Florida to vacate its order, judgment and decree bearing date December 12, 1946 entered in this cause in Chancery Order Book 23 at page 293, records of said Circuit Court and proceed to hear and determine said cause pursuant to law; it is further ordered that the sum of $12.00 costs in this court, be and the same is hereby taxed against the appellees; it is further ordered that the cost of transcript of proceedings and other proper costs in the said Circuit Court reasonably incurred in this cause be taxed in said Circuit Court pursuant to rule 24 of this court; it is further ordered that the-appellant, Fontaine LeMaistre, recovered from said appellees $270.15 for his costs expended in the proceeding in certiorari in the Supreme Court of the United States and that appellant have execution for all of said costs.
THOMAS, C. J., TERRELL, ADAMS and BARNS, JJ., concur.
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Thomas v. Moorman, 199 So. 2d 719 (Fla. 1967)…e v. O’Brien, 47 So. 2d 777 (Fla.1950) and Mirabella v. Kickliter, 113 So. 2d 397 (Fla.App.2d, 1959). The same conclusion is reached in the instant cause.” We believe the decision of the District Court conflicts with LeMaistre v. Leffers, Fla.1948, 34 So. 2d 434, a decision entered by [*721] our Court pursuant to reversal mandate and remand of that case by the Supreme Court of the United States in LeMaistre v. Leffers, 333 U.S. 1, 68 S.Ct. 371, 92 L.Ed. 429. In the LeMaistre case it appears a tax certifica…
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Zelman v. Metro. Dade Cnty., 645 So. 2d 57 (Fla. 3d DCA 1994)…3d DCA 1977), cert. denied, 358 So. 2d 133 (Fla.1978), we hereby ourselves determine that Zelman shall be awarded $100.00 per hour for out-of-court services and $125.00 per hour for the in-court services rendered. See Spiers v. Spiers, 160 Fla. 282, 34 So. 2d 434 (1948); Milward v. Milward, 152 Fla. 15, 10 So. 2d 663 (1942). Although we are empowered to render an actual judgment to this effect, see Posner v. Posner, 257 So. 2d 530 (Fla.1972); Sullivan v. Chase Fed. Sav. & Loan Ass’n, 132 So. 2d 343 (Fla. 3d…