LELIA S. DEAN, APPELLANT,
v.
GEORGE W. DEAS, APPELLEE

Fla. 1st DCA | 1960-02-16
No. A-493
WIGGINTON, Chief Judge, and STUR-GIS and CARROLL, DONALD, JJ., concur.
118 So. 2d 247 Florida District Court of Appeal, First District (1960) Positive Treatment
Cited by 1 case

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Synopsis

This case involves a procedural history where an initial affirmance by the District Court of Appeal was returned for reconsideration by the Supreme Court. After the Supreme Court's further consideration, the District Court of Appeal ordered its original mandate of affirmance to issue.


Holding

The District Court of Appeal ordered its original mandate of affirmance to issue, indicating that further reconsideration was not warranted or that the Supreme Court's directive did not alter the outcome.


Key Quotes

“By per curiam order the judgment appealed from in this cause was affirmed by this court without opinion.”

Establishes the initial action taken by the District Court of Appeal.

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Facts & Procedural History

The District Court of Appeal initially affirmed a judgment without opinion. The appellant petitioned the Supreme Court for certiorari, alleging confli…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By per curiam order the judgment appealed from in this cause was affirmed by this court without opinion. Fla.App., 110 So.2d 730. Thereafter appellant petitioned the Supreme Court for a writ of certiorari on the alleged ground that our disposition of the appeal was in conflict with former decisions of the Supreme Court. The Supreme Court refused to issue the writ of certiorari, Fla., 114 So.2d 439 but on petition for rehearing entered a per curiam decision, Fla., 116 So.2d 23 returning jurisdiction of the cause to this court for further consideration in light of a holding by the Supreme Court in a case rendered by it *248subsequent to the entry of our order of affirmance. Certiorari having been denied by the Supreme Court it is ordered that the mandate on our order of affirmance do now issue.

WIGGINTON, Chief Judge, and STUR-GIS and CARROLL, DONALD, JJ., concur.


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Citator

Cited By

  • Dean v. Deas, 122 So. 2d 403 (Fla. 1960)
    …Certiorari dismissed without written opinion. 118 So. 2d 247.…

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