W. C. TINSLEY, JR., APPELLANT,
v.
DOROTHY C. TINSLEY, APPELLEE
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This case involves a procedural matter where the appellate court vacated its prior reversal judgment and affirmed the lower court's orders, following a mandate from the Florida Supreme Court that quashed the appellate court's initial decision.
The appellate court must vacate its previous reversal judgment and affirm the orders of the lower court, in accordance with the mandate from the Florida Supreme Court.
“Whereas, the judgment of this court was entered on the 10th day of December, 1959 (116 So. 2d 649) reversing 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 October 5, 1960 (- So. 2d -) quashed this court's judgment of reversal; 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 said judgment and opinion of the Supreme Court of Florida;”
This quote outlines the procedural history and the directive from the Supreme Court that the appellate court must follow.
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Join FLexlaw to unlock all legal intelligenceThe appellate court had previously reversed a judgment from the Circuit Court. Upon review by certiorari, the Florida Supreme Court quashed the appell…
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Whereas, the judgment of this court was entered on the 10th day of December, 1959 (116 So.2d 649) reversing 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 October 5, 1960 (- So.2d -) quashed this court’s judgment of reversal; 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 said judgment and opinion of the Supreme Court of Florida;
Therefore, it is Ordered that the judgment of this court filed December 10, 1959, is vacated and the several orders appealed are affirmed and the mandate of this court will now issue; costs allowed shall be taxed in the Circuit Court (Rule 3.16(b), Florida Appellate Rules, 31 F.S.A.).
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
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Authorities Cited
- Tinsley v. Tinsley, 116 So. 2d 649 (Fla. 3d DCA 1959)