MILTON B. HOLLANDER AND BETTY R. HOLLANDER, APPELLANTS,
v.
K-SITE 400 ASSOCIATES, A FLORIDA GENERAL PARTNERSHIP, THROUGH BEN FRANKLIN PROPERTIES 500, INC., A FLORIDA CORPORATION, ITS GENERAL PARTNER, AND CHICAGO TITLE INSURANCE COMPANY, APPELLEES
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A trial court cannot alter or modify an appellate court's mandate; the amended judgment violated the law of the case.
Buyers sued for return of deposit funds after developer failed to complete construction timely. The appellate court previously remanded with direction…
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PER CURIAM.
Condominium unit buyers, Milton B. Hollander and Betty R. Hollander, appeal an amended final judgment which required escrow agent, Chicago Title, to return only those deposit funds held on the date the lawsuit was served. We reverse and direct the trial court to follow the mandate of this court in Hollander v. K-Site 400 Assocs. Through Ben Franklin Properties 440, Inc., 630 So. 2d 1153 (Fla. 3d DCA 1993).
A trial court does not have discretionary authority to alter or modify an appellate court’s mandate. See O.P. Corp. v. Village of N. Palm Beach, 302 So. 2d 130 (Fla.1974); Berger v. Leposky, 103 So. 2d 628 (Fla.1958); Modine Mfg. Co. v. ABC Radiator, Inc., 367 So. 2d 232 (Fla. 3d DCA), cert. denied, 378 So. 2d 342 (Fla.1979).
Review of the earlier mandate indicates this court concluded that the developer failed to complete construction timely as required by the purchase contract, and that the Hollanders were entitled to receive their deposit money back. This court remanded to the trial court with directions to enter judgment for the Hollanders. Hollander v. K-Site 400 Assocs. Through Ben Franklin Properties 440, Inc., 630 So. 2d at 1154.
It was error for the trial court to enter the amended final judgment on remand, which violated the law of the case by vacating the final judgment against Chicago Title. See Airvac, Inc. v. Ranger Ins. Co., 330 So. 2d 467 (Fla.1976); Valsecchi v. Proprietors Ins. Co., 502 So. 2d 1310 (Fla. 3d DCA 1987). Accordingly, we reverse and remand with directions to the trial court to enter a judgment for money damages for the entire amount of the deposit against both Chicago Title and K-Site. See Torres v. Jones, 652 So. 2d 893 (Fla. 3d DCA 1995).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Lidia Moreno v. Allen, 692 So. 2d 957 (Fla. 3d DCA 1997)…han to the father individually was expressly required by our prior decision, Perez, 662 So. 2d at 364-65, and is therefore of course affirmed. See O.P. Corp. v. Village of North Palm Beach, 302 So. 2d 130 (Fla.1974); Hollander v. K-Site 400 Assocs., 657 So. 2d 16 (Fla. 3d DCA 1995); Wilcox v. Hotelerama Assocs., 619 So. 2d 444 (Fla. 3d DCA 1993); Robinson v. Gale, 380 So. 2d 513 (Fla. 3d DCA 1980). Perez’s position, as pressed by his attorney, Roger Bridges, on this point was specifically advanced, considere…
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Metropcs Commc'ns, Inc. v. Porter, 225 So. 3d 843 (Fla. 3d DCA 2016)…ndate, compliance by the lower tribunal is a purely ministerial act, and the lower tribunal is without authority to modify or evade that mandate. Brunner Enterps., Inc. v. Dep’t of Revenue, 452 So. 2d 550 (Fla.1984); Hollander v. K-Site 400 Assocs., 657 So. 2d 16 (Fla. 3d DCA 1995); Milton v. Keith, 503 So. 2d 1312 (Fla. 3d DCA 1987). Our opinion directed the trial court to conduct an evidentiary hearing which was expressly limited in scope to the threshold issue of whether the arbitration clause was contai…
Authorities Cited
- Airvac, Inc. v. Ranger Ins. Co., 330 So. 2d 467 (Fla. 1976)
- O. P. Corp. & Wiggs & Maale Constr. Co., Inc. v. The Vill. OF N. Palm Beach, 302 So. 2d 130 (Fla. 1974)
- Berger v. Leposky, 103 So. 2d 628 (Fla. 1958)
- John and Janet Valsecchi v. Proprietors Ins. Co., 502 So. 2d 1310 (Fla. 3d DCA 1987)
- BAY RAG & Grading, Inc. v. C & H Clothing, Inc., 652 So. 2d 893 (Fla. 3d DCA 1995)
- Modine Mfg. Co. v. ABC Radiator, Inc., 367 So. 2d 232 (Fla. 3d DCA 1979)
- Hollander v. K-Site 400 Assocs., 630 So. 2d 1153 (Fla. 3d DCA 1993)