ROBERT L. PAYNE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-12-02
No. 77-2278
Before HUBBART, C. J., and HENDRY and PEARSON, TILLMAN (Ret.), Associate Judge.
406 So. 2d 124 Florida District Court of Appeal, Third District (1981) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

WHEREAS, the judgment of this court was entered on June 12, 1979 (372 So. 2d 152) reversing and remanding with directions the order 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 filed October 8, 1981 and mandate now lodged in this court, reversed this court’s judgment, 404 So. 2d 1055.

NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued on July 13, 1979 is withdrawn, the judgment of this court filed June 12, 1979 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the order of the trial court appealed from is reinstated and affirmed. Costs allowed shall be taxed in the trial court (Rule 9.400(a) Florida Rules of Appellate Procedure).


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  • State v. Katz, 438 So. 2d 80 (Fla. 3d DCA 1983)
    …had neither sought nor obtained further stays from the United States Supreme Court, the Florida Supreme Court issued its mandate to this court on December 2, 1981.1 On that same date this court notified the parties that its final mandate had issued. 406 So. 2d 124. On December 3, 1981, the Clerk of the Circuit Court sent notice to the trial court, Judge Goldman (as successor to Judge Baker who had originally dismissed the case), defense counsel Gonzalez, and the state attorney, informing the parties to appea…

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