HENRY GRADY GOSWICK, A/K/A GRADY GOSWICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The Florida District Court of Appeal, Third District, vacated its prior judgment affirming a conviction and reversed the conviction itself, remanding the case for a new trial as directed by the Florida Supreme Court.
Yes, the appellate court must follow the mandate of the Supreme Court. The prior judgment of affirmance is vacated, the conviction is reversed, and the case is remanded for a new trial.
“WHEREAS, by the mandate of the Supreme Court of Florida, dated September 13, 1962, now lodged in this court, the cause was remanded to this court with directions to reverse the trial court's judgment of conviction and order a new trial;”
This quote establishes the Supreme Court's directive that the appellate court must follow.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellate court had previously affirmed a judgment and sentence from a lower criminal court. However, the Florida Supreme Court quashed this affir…
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 22nd day of January, 1962, (Fla.App., 137 So.2d 863) affirming the judgment and sentence of the Criminal Court of Record 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 July 18, 1962 (143 So.2d 817) quashed this court’s judgment of affirmance; and
*621WHEREAS, by the mandate of the Supreme Court of Florida, dated September 13, 1962, now lodged in this court, the cause was remanded to this court with directions to reverse the trial court’s judgment of conviction and order a new trial;
NOW, THEREFORE, it is ordered that the mandate of this court, issued in this cause on March 5, 1962, is withdrawn, the judgment of this court filed January 22, 1962, is vacated and the judgment of conviction of the Criminal Court of Record appealed from is reversed and the cause is remanded with directions to enter an order granting the defendant a new trial; costs allowed shall be taxed in the Criminal Court of Record (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Goswick v. State, 143 So. 2d 817 (Fla. 1962)
- Goswick v. State, 137 So. 2d 863 (Fla. 3d DCA 1962)