FLORIDA STATE TURNPIKE AUTHORITY, STATE ROAD DEPARTMENT OF FLORIDA, AND DADE COUNTY, APPELLANTS,
v.
ANHOCO CORPORATION, A FLORIDA CORPORATION, AND THEATRE ASSOCIATES, INC., A FLORIDA CORPORATION, APPELLEES
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This case involves a remand from the Florida Supreme Court to the Third District Court of Appeal to correct a prior judgment. The appellate court vacated and withdrew a portion of its previous decision concerning a right-of-way deed, adopting the Supreme Court's opinion and judgment as its own.
The appellate court withdrew and vacated the portion of its prior judgment that interpreted the right-of-way deed. It adopted the Florida Supreme Court's opinion and judgment as its own for that specific issue.
“Whereas, the judgment of this court was entered on the 18th day of November, 1958 (Fla.App., 107 So. 2d 51) affirming in part the judgment of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause; and Whereas, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed June 10, 1959 (116 So. 2d 8) quashed a portion of this court's judgment; and Whereas, by the mandate of the Supreme Court of Florida now lodged in this court, the cause was remanded with directions to enter an order consistent with the said judgment and opinion of the Supreme Court of Florida;”
Establishes the procedural history and the reason for the current order, highlighting the Supreme Court's intervention.
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Join FLexlaw to unlock all legal intelligenceThe Florida State Turnpike Authority and others appealed a judgment from the Circuit Court of Dade County. The Third District Court of Appeal initiall…
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Whereas, the judgment of this court was entered on the 18th day of November, 1958 (Fla.App., 107 So.2d 51) affirming in part the judgment of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed June 10, 1959 (116 So.2d 8) quashed a portion of this court’s judgment; and
Whereas, by the mandate of the Supreme Court of Florida now lodged in this court, the cause was remanded with directions to enter an order consistent with the said judgment and opinion of the Supreme Court of Florida;
Therefore, it is ordered that the judgment and decision of this court, filed in this cause on November 18, 1958, insofar as it construes the effect of that certain right of way deed given by Ellen S. Ragen to Dade County in 1939, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The opinion and judgment of this court, except as withdrawn and vacated aforesaid, is adhered to; costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.),
HORTON, C J., and PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. State Tpk. Auth. v. Anhoco Corp., 116 So. 2d 8 (Fla. 1959)
- Fla. State Tpk. Auth. v. Anhoco Corp., 107 So. 2d 51 (Fla. 3d DCA 1958)