SELLERS

v.

STATE

Citator

Cited By

• SAX Enters., Inc. v. David & Dash, Inc., 107 So. 2d 612 (Fla. 1958)
  …a East Coast R. Co. v. Geiger, 1914, 66 Fla. 582, 64 So. 238; if, however, a particular holding is implicit in the decision rendered, then it is no longer open for discussion or consideration. Sanders v. State ex rel. D’Alemberte, 1921, 82 Fla. 498, 90 So. 455. On the former appeal it was apparent to this court that a genuine issue of fact existed with respect to the subject-matter of plaintiff’s motion for summary judgment; and in directing the re-trial of the cause, rather than remanding “for further p…
• Goodman v. Olsen, 365 So. 2d 393 (Fla. 3d DCA 1978)
  …prises, Inc. v. David And Dash, Inc., 107 So. 2d 612 (Fla.1958). But when a point which was not discussed in an appellate opinion is necessarily determined by the opinion, the doctrine of law of the case is applicable. Sanders v. State, 82 Fla. 498, 90 So. 455 (1921); Rogers v. State, supra. It is not without difficulty that we decide the opinion of the supreme court necessarily adjudicated Olsen’s right to present the specific defense of usury he urges herein. At first blush, it might appear that the op…
• Dade Cnty. Classroom Teachers' Ass'n, Inc. v. Rubin, 238 So. 2d 284 (Fla. 1970)
  …are no longer open to question on a subsequent appeal. Rogers v. State ex rel. Board of Public Instruction, 156 Fla. 161, 23 So. 2d 154 (1945); Ferguson v. Brogan, 111 Fla. 224, 149 So. 772 (1933); Sanders v. State ex rel. D’Alemberti, 82 Fla. 498, 90 So. 455 (1921). The order of the lower court is Affirmed. ROBERTS, DREW and BOYD, JJ„ concur. ERVIN, C. J., concurs specially with opinion.…