GENE FLINN, APPELLANT,
v.
KAREN SHIELDS AND VIRGINIA CATHCART, APPELLEES

Fla. 3d DCA | 1989-06-20
No. 88-2257
Before SCHWARTZ, C.J., and NESBITT and LEVY, JJ.
545 So. 2d 452 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The earlier decision1 of this court reversing the summary judgment previously entered by the trial court, in favor of the appellees, is now “the law of the case”. As a result thereof, it was error for the trial court to subsequently grant appellees’ Motions for Judgment on the Pleadings in view of the fact that the earlier opinion of this court implicitly reflected the view that appellant’s Complaint stated a cause of action. Accordingly, we reverse the trial court’s most recent order granting appel-lees’ Motions for Judgment on the Pleadings and the entry of a Final Judgment in their behalf. This cause is remanded for further proceedings consistent herewith.

Reversed.

. Minn v. Shields, 517 So. 2d 49 (Fla. 3d DCA 1987). Appellees acknowledge that they did not raise or argue against the legal sufficiency of the Complaint during the appellate process that led to that earlier decision by this court.


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  • Lamont v. State, 597 So. 2d 823 (Fla. 3d DCA 1992)
    …of the state and federal constitutions. Cleveland v. State, 587 So. 2d 1145 (Fla.1991); Dixon v. State, 546 So. 2d 1194 (Fla. 3d DCA 1989), approved, 558 So. 2d 1001 (Fla.1990); Evans v. State, 528 So. 2d 125 (Fla. 3d DCA 1988), appeal after remand 545 So. 2d 452 (Fla. 3d DCA), review denied 554 So. 2d 1167 (Fla.1989). In conclusion, both the finding by the trial court that Brooks and Lamont are habitual felony offenders, as provided for in Section 775.084, Florida Statutes (1989), and the subsequent senten…
  • Gabor v. Gabor & Co., Inc., 599 So. 2d 737 (Fla. 3d DCA 1992)
    …case” doctrine should only be [*739] made “in unusual circumstances and for the most cogent reasons — and always, of course, only where ‘manifest injustice’ will result from a strict and rigid adherence to the rule.” Id.; see also, Flinn v. Shields, 545 So. 2d 452 (Fla. 3d DCA 1989). In the case sub judice, this court had determined in the previous appeal that a genuine issue of material fact existed as to whether Frank and Ronald Gabor acted in their capacities as directors or officers of the corporations…
  • Lidia Moreno v. Allen, 692 So. 2d 957 (Fla. 3d DCA 1997)
    …a) The awards run directly contrary to the letter, spirit, and thus “the law of the [previous] case,” Brunner Enters., Inc. v. Department of Revenue, 452 So. 2d 550 (Fla. 1984); Lawson v. Latham, 564 So. 2d 1216 (Fla. 3d DCA 1990); Flinn v. Shields, 545 So. 2d 452 (Fla. 3d DCA 1989), which carefully restricted the sums to be paid from the settlement specifically so that the windfall created by the George,Hartz firm’s inability to receive its entire contingency fee would inure entirely to the parents and not t…

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