LELIA S. DEAN, PETITIONER,
v.
GEORGE W. DEAS, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court remanded a case to the district court for reconsideration after its own recent ruling overturned the precedent the district court relied upon. The district court had affirmed a dismissal of a complaint based on the guest statute, but that statute's interpretation was subsequently changed by the Supreme Court.
Yes, the case is remanded to the district court for further consideration in light of the Supreme Court's new ruling.
“In view of the overruling by this Court of the opinion of the district court in Carraway v. Revell, supra, by the opinion filed this day, 116 So. 2d 16, and, in view of the probability that the entry of the per curiam order hereinabove referred to was based upon the holding of the district court in Carraway v. Revell, supra, jurisdiction in this cause is returned to the district court for further consideration of the per curiam order entered in this case in the light of our holding in the opinion of this day overruling the district court in Carraway v. Revell.”
This quote explains the court's reasoning for remanding the case, highlighting that the district court's decision was likely based on a precedent that has since been overturned.
The petitioner's amended complaint was dismissed by the circuit court for failing to state a cause of action under the guest statute. The district cou…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
The petition for rehearing in this case brings to our attention the per curiam order of the district court, affirming an order of the circuit court dismissing petitioner’s amended complaint for failure to state a cause of action under the guest statute, which was rendered on March 31, 1959, five days after the rendition of the opinion of the district court in Carraway v. Revell, 112 So.2d 71. The holding of the district court in Carraway v. Revell has been over*24ruled by an opinion of this Court filed this day, 116 So.2d 16.
In view of the overruling by this Court of the opinion of the district court in Carraway v. Revell, supra, by the opinion filed this day, 116 So.2d 16, and, in view of the probability that the entry of the per curiam order hereinabove referred to was based upon the holding of the district court in Carraway v. Revell, supra, jurisdiction in this cause is returned to the district court for further consideration of the per curiam order entered in this case in the light of our holding in the opinion of this day overruling the district court in Carraway v. Revell.
TERRELL, HOBSON,' ROBERTS, DREW and O’CONNELL, JJ., concur.
THOMAS, C. J., and THORNAL, J., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Murray Rosenthal and Joseph Rosenthal v. Scott, 131 So. 2d 480 (Fla. 1961)…court to write an opinion. While the reasons therefor are different, the procedure of returning jurisdiction of this cause to the district court, as I feel should be done, is not unlike that which we employed in the case of Dean v. Deas, Fla.1959, 116 So. 2d 23, where we returned that case to a district court for reconsideration in light of a decision of this Court entered after the district court decision therein and which apparently controlled the question involved. I am authorized to state that Justice…
-
Bennett v. Fratus, 177 So. 2d 335 (Fla. 1965)…oregoing decisions. See also Florida East Coast Railway Company v. Lewis, Fla.App., 167 So. 2d 104, certiorari denied, Fla., 177 So. 2d 334, 21st day of July, 1965. We have adopted this procedure [*336] pursuant to our decision m Dean v. Deas, Fla., 116 So. 2d 23. It is so ordered. THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.…
-
Bennett v. Fratus, 177 So. 2d 336 (Fla. 1965)…f the foregoing decisions. See also Florida East Coast Railway Company v. Lewis, Fla.App., 167 So. 2d 104, certiorari denied, Fla., 177 So. 2d 334, 21st day of July, 1965. We have adopted this procedure pursuant to our decision m Dean v. Deas, Fla., 116 So. 2d 23. ■ It is so ordered. THORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Royal Carraway v. Revell, 116 So. 2d 16 (Fla. 1959)
- Royal Carraway v. Revell, 112 So. 2d 71 (Fla. 1st DCA 1959)