JAMES PATRICK BONIFAY
v.
STATE OF FLORIDA
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PER CURIAM.
AFFIRMED. See Marshall v. State, 44 Fla. L. Weekly D2561 (Fla. 2d DCA Oct. 18, 2019) (Order on Motion to Enforce Mandate) (denying defendant’s motion to enforce mandate on the basis that its reasoning was “superseded by the supreme court” in Franklin v. State, 258 So. 3d 1239, 1241 (Fla. 2018), and acknowledging that “an intervening decision by a higher court contrary to the decision reached on the former appeal” was a “clear example” of an exception to the general rule binding the parties to the law of the case and demanding that the trial court not deviate from the mandate (quoting Strazzulla v. Hendrick, 177 So. 2d 1, 4 (Fla. 1965))). LEWIS, WINOKUR, and JAY, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strazzulla v. Hendrick, 177 So. 2d 1 (Fla. 1965)
- Franklin v. State, 258 So. 3d 1239 (Fla. 2018)
- Hankerson v. State, 897 So. 2d 555 (Fla. 5th DCA 2005)