PAUL POMFRET, ET AL., PETITIONERS,
v.
JOHN ATKINSON, RESPONDENT
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The Florida Supreme Court quashed the Fourth District's decision in Pomfret because it relied on DelMonico v. Traynor, which the Supreme Court had quashed, and remanded for reconsideration consistent with the DelMonico decision.
The Fourth District's decision in Pomfret, which relied on the quashed DelMonico precedent, must be quashed and remanded for reconsideration in light of the Supreme Court's DelMonico decision.
[1] When a lower court decision relies on precedent that is subsequently quashed by the Supreme Court, the lower court decision must be quashed and remanded for reconsiderati…
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Join FLexlaw to unlock all legal intelligenceThe Fourth District Court of Appeal decided Pomfret v. Atkinson, citing DelMonico v. Traynor as authority, but DelMonico was pending review in the Flo…
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We have for review Pomfret v. Atkinson, 53 So.3d 413 (Fla. 4th DCA 2011), in which the Fourth District Court of Appeal cited as authority its decision in DelMonico v. Traynor, 50 So.3d 4 (Fla. 4th DCA 2010), quashed, 116 So.3d 1205 (Fla.2013). At the time that the Fourth District issued its decision in Pomfret, DelMonico was pending review in this Court. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So.2d 418 (Fla.1981).
We stayed proceedings in this case pending our disposition of DelMonico v. Traynor, 116 So.3d 1205, 1209 (Fla.2013), in which we ultimately quashed the Fourth District’s underlying DelMonico decision. We then issued an order directing the Respondent in this case to show cause why this Court should not accept jurisdiction, summarily quash the Fourth District’s underlying Pomfret decision, and remand for reconsideration in light of our decision in DelMonico.
Upon consideration of the response, in which the Respondent agrees with the disposition set forth in the order to show cause, we grant the petition for review, quash the Fourth District’s decision in Pomfret, and remand this case to the Fourth District for further proceedings consistent with our decision in DelMonico.
It is so ordered.
PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.
POLSTON, C.J., and CANADY, J„ dissent.
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Citator
Cited By
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Pomfret v. Atkinson, 137 So. 3d 1161 (Fla. 4th DCA 2014)…TAYLOR, J. This case is before the court on remand from the Florida Supreme Court in Pomfret v. Atkinson, 131 So. 3d 719 (Fla.2013). The Florida Supreme Court quashed our court’s original decision, see Pomfret v. Atkinson, 53 So. 3d 413 (Fla. 4th DCA 2011), and remanded for further proceedings in light of its decision in DelMonico v. Traynor, 116 So. 3d 1205 (Fla.2013…
Authorities Cited
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Delmonico v. Traynor, 116 So. 3d 1205 (Fla. 2013)
- Delmonico v. Traynor, 50 So. 3d 4 (Fla. 4th DCA 2010)
- Pomfret v. Atkinson, 53 So. 3d 413 (Fla. 4th DCA 2011)