DADE COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ET AL., APPELLANTS,
v.
DUPONT PLAZA, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
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This case involves a procedural dispute where the appellate court initially reversed an injunction, but the Supreme Court quashed that reversal, directing the case to be remanded for trial on the merits. Consequently, the appellate court vacated its prior judgment and affirmed the trial court's injunction, remanding the case for further proceedings.
Yes, the appellate court vacated its prior judgment of reversal and affirmed the trial court's injunction, remanding the cause for trial on the merits as directed by the Supreme Court.
“Whereas, the judgment of this court was entered on the eleventh day of February, 1960 (117 So. 2d 849) reversing an Injunction Order dated October 2, 1959, of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause, and directing the trial court to dismiss the cause; and, Whereas, on reviewing this court's judgment by certiorari the Supreme Court of Florida, by its opinion and judgment filed November 2, 1960 (125 So. 2d 564) 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 remand the cause to the Circuit Court for trial on the merits";”
This quote outlines the procedural history, including the initial appellate decision, the Supreme Court's review and quashing of that decision, and the Supreme Court's directive to remand for trial.
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Whereas, the judgment of this court was entered on the eleventh day of February, 1960 (117 So.2d 849) reversing an Injunction Order dated October 2, 1959, of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause, and directing the trial court to dismiss the cause; and,
Whereas, on reviewing this court’s judgment by certiorari the Supreme Court of Florida, by its opinion and judgment filed November 2, 1960 (125 So.2d 564) 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 remand the cause to the Circuit Court for trial on the merits”;
Therefore, it is Ordered that the judgment of this court filed November 2, 1960 is vacated; the said order of the Circuit Court appealed from is affirmed; and the cause “remanded for trial on the merits”; 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.
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Citator
Cited By
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Collins Inv. Co. v. Metro. Dade Cnty., 164 So. 2d 806 (Fla. 1964)…Nash v. Merritt Island Lumber Co., Fla.App., 110 So. 2d 677; Thompson v. City of Key West, Fla. 1955, 82 So. 2d 749; Dade County v. DuPont Plaza, Fla.App., 117 So. 2d 849, quashed on other grounds, Fla., 125 So. 2d 564, opinion conformed, Fla.App., 128 So. 2d 151; Rudisill et ux. v. City of Tampa, 151 Fla. 284, 9 So. 2d 380. Section 196.01, Florida Statutes, F.S.A., originated as Chapter 8586, Laws of Florida 1921. Prior to that time this Court had applied Article IX, Section 8, supra, as requiring a compla…
Authorities Cited
- Dade Cnty. v. Dupont Plaza, Inc., 117 So. 2d 849 (Fla. 3d DCA 1960)
- Dupont Plaza, Inc. v. Dade Cnty., 125 So. 2d 564 (Fla. 1960)