ROY E. MARTIN, JR., APPELLANT,
v.
MIRIAM HENSON MARTIN, APPELLEE
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This case involves a reversal and subsequent reinstatement of a lower court's decree following a review by the Florida Supreme Court. The appellate court's initial reversal was quashed, leading to the affirmation of the circuit court's decision.
The District Court of Appeal's judgment was quashed by the Florida Supreme Court, and the circuit court's decree was affirmed.
“Whereas, by the mandate of the Supreme Court of Florida, dated April 18, 1961, now lodged in this court the decree of the Circuit Court, Dade County, was affirmed.”
This quote establishes the direct instruction from the Supreme Court to affirm the lower court's decree.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal initially reversed a decree from the Circuit Court of Dade County. However, the Florida Supreme Court reviewed this rever…
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Whereas, the judgment of this court was entered on the 12th day of September, 1960, reversing the decree of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause, dated September 23, 1959; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed March 22, 1961, 128 So.2d 386 quashed this court’s judgment of reversal; and
Whereas, by the mandate of the Supreme Court of Florida, dated April 18, 1961, now lodged in this court the decree of the Circuit Court, Dade County, was affirmed. It is so ordered.
Therefore, it is ordered that the mandate of this court issue forthwith; 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 CARROLL, CHAS. A., J., and ODOM, ARCHIE M., Associate Judge, concur.
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