INTERNATIONAL LADIES' GARMENT WORKERS UNION, ET AL., APPELLANTS,
v.
SCHERER & SONS, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1962-09-28
No. 61-147
Before PEARSON, TILLMAN, C. J., and HORTON and CARROLL, JJ.
146 So. 2d 137 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 4 cases

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Synopsis

This case involves a procedural amendment to a prior judgment. The appellate court is amending its previous decision to align with a Supreme Court remand, directing further proceedings in the lower court.

Holding

The appellate court amended its prior judgment to explicitly remand the cause to the circuit court for further proceedings consistent with the opinions of both the appellate court and the Supreme Court.

Key Quotes

“Whereas the judgment of this court was entered on the 3rd day of August, 1961 (132 So. 2d 359), reversing the temporary injunctive order of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Dade County, in the above styled cause; and,”

Establishes the initial action taken by the appellate court.

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Facts & Procedural History

The appellate court had previously reversed a temporary injunctive order. The Supreme Court reviewed this decision, approved it, but remanded the case…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics
Mandate Remand Appellate Review

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Whereas the judgment of this court was entered on the 3rd day of August, 1961 (132 So.2d 359), reversing the temporary injunctive order of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Dade County, in the above styled cause; and,

Whereas, on review of this court’s judgment by petition for certiorari, the Supreme Court of Florida, by its opinion and judgment filed May 9, 1962, now lodged in this court, approved this court’s judgment but remanded the cause to this court with directions to remand the same to the circuit court for further proceedings not inconsistent with the judgment and opinion of the Supreme Court of Florida;

Now, Therefore, it is Ordered that the mandate of this court issued herein on September 7, 1961, is withdrawn. The judgment and decision of this court, filed in this cause on August 3, 1961, is hereby amended by adding thereto the following, viz.: “And the cause is remanded to the circuit court for further proceeding in that court not inconsistent with this opinion and the opinion of the Supreme Court filed May 9, 1962.”

A new mandate having due regard to the opinion of the Supreme Court and to the foregoing amendment to our opinion shall issue forthwith; costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sheetmetal Workers' Int'l Ass'n v. Fla. Heat & Power, Inc., 230 So. 2d 154 (Fla. 1970)
    …urt of Appeal reversed; 132 So. 2d 359. On certiorari, this Court took the case and affirmed the holding of the District Court of Appeal, remanding so that the Circuit Court could be instructed to divest itself of its invalidly-assumed jurisdiction. 146 So. 2d 137. In the case sub judice, the respondent complained in his petition for injunction that various labor activities were being carried on, including picketing of his business ostensibly over substandard wages [*157] paid to sheetmetal workers and other…
  • Scherer & Sons, Inc. v. Int'l Ladies' Garment Workers' Union, 163 So. 2d 306 (Fla. 3d DCA 1964)
    …and the cause for proceedings consistent herewith. Reversed and remanded. . Scherer & Sons, Inc. v. International Ladies’ G. Wkrs., Fla.1962, 142 So. 2d 290, 295. . International Ladies’ Garment Wkrs. Union v. Scherer & Sons, Inc., Fla.App. 1962, 146 So. 2d 137. . McGregor v. Provident Trust Co. of Philadelphia, 119 Fla. 718, 162 So. 323; City of Miami Beach v. Parking Facilities, Inc., Fla.App.1960, 120 So. 2d 209; Leybourne v. Furlong, Fla.App. 1964, 161 So. 2d 221.…

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