PHOEBE C. TRUSELL AND WAITER C. TRUSELL, HER HUSBAND, APPELLANTS,
v.
FOOD FAIR STORES, INC., D/B/A FREDERICH'S MARKET AND FREDERICKS FOOD STORES, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves a procedural maneuver where the Florida District Court of Appeal, Third District, vacated its prior reversal of a lower court's judgment and affirmed that judgment, following a mandate from the Florida Supreme Court. The Supreme Court had quashed the appellate court's reversal, directing the appellate court to enter an order consistent with its own judgment.
Yes, the District Court of Appeal must vacate its prior judgment of reversal and affirm the circuit court's judgment as directed by the Florida Supreme Court.
“Whereas, the judgment of this court was entered on the 29th day of July, 1960 (122 So. 2d 616) 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 [*232] June 28, 1961, 131 So. 2d 730, quashed this court's judgment of reversal; and Whereas, by the mandate of the Supreme Court of Florida dated the 17th day of July, 1961, 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;”
This quote outlines the procedural history leading to the current decision, detailing the prior actions of both the District Court of Appeal and the Supreme Court of Florida.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously reversed a judgment from the Circuit Court. The Supreme Court of Florida reviewed this reversal by certior…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mandate Of The Supreme Court cases and more on FLexlaw
Whereas, the judgment of this court was entered on the 29th day of July, 1960 (122 So.2d 616) 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 *232June 28, 1961, 131 So.2d 730, quashed this court’s judgment of reversal; and
Whereas, by the mandate of the Supreme Court of Florida dated the 17th day of July, 1961, 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 mandate of this court issued in this cause on September 20, 1960, is withdrawn, the judgment of this court filed July 29, 1960, is vacated, and the said judgment of the circuit court appealed from in this cause is affirmed; costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, F.A.R., 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Food Fair Stores, Inc. v. Phoebe C. Trusell et vir, 131 So. 2d 730 (Fla. 1961)
- Phoebe C. Trusell and Walter C. Trusell v. Food Fair Stores, Inc., 122 So. 2d 616 (Fla. 3d DCA 1960)