A. H. SAKOLSKY, APPELLANT,
v.
THE CITY OF CORAL GABLES, FLORIDA, A MUNICIPAL CORPORATION, APPELLEE
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This case involves a procedural maneuver where the Florida District Court of Appeal vacated its prior judgment and adopted the opinion of the Florida Supreme Court after the Supreme Court quashed the district court's affirmance. The case was remanded with directions for the trial court to enter a final decree consistent with the Supreme Court's ruling.
The district court must vacate its prior judgment, adopt the Supreme Court's opinion as its own, and direct the trial court to enter a final decree consistent with the Supreme Court's ruling.
“quashed this court's judgment of affirmance”
Describes the action taken by the Florida Supreme Court on review.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously affirmed a final decree from the trial court. However, the Florida Supreme Court reviewed this jud…
The full statement of facts, procedural history, and disposition for this case are member content.
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WHEREAS, the judgment of this court was entered on the 27th day of March, 1962 (139 So.2d 504), affirming the final decree 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 February 20, 1963 (151 So.2d 433), *437•quashed this court’s judgment of affirmance, and
WHEREAS, by the mandate of the Supreme Court of Florida dated March 19, 1963, now lodged in this court, the cause was remanded with directions to enter an •order directing the trial court to enter a •final decree consistent with the opinion and judgment of the Supreme Court of Florida;
THEREFORE, it is Ordered that the ■mandate of this court issued in this cause -on April 19, 1962, is withdrawn, the judgment of this court filed March 27, 1962, is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this ■court, and the final decree of the Circuit Court appealed from in this cause is reversed with directions to enter a final decree consistent with the opinion and judgment of the Supreme Court of Florida and this court, a copy of which is attached hereto; costs allowed shall be taxed in the Circuit Court (Rule 3.16(b) F.A.R.), 31 F.S.A.
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Cited By
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Sunshores v. Cnty. OF Pinellas, 351 So. 2d 758 (Fla. 2d DCA 1977)…equity for equitable estoppel, declaratory relief or injunction. Hollywood Beach Hotel Company v. City of Hollywood, 329 So. 2d 10 (Fla.1976); Town of Largo v. Imperial Homes Corp., 309 So. 2d 571 (Fla.2d DCA 1975); Sakolsky v. City of Coral Gables, 151 So. 2d 436 (Fla.3d DCA 1963). While the trial court was correct in dissolving the alternative writ of mandamus we reverse the dismissal of appellants’ complaint with prejudice and remand for further proceedings consistent herewith. BOARDMAN, C. J., and HOBSO…
Authorities Cited
- Sakolsky v. The City OF Coral Gables, 151 So. 2d 433 (Fla. 1963)
- Sakolsky v. The City OF Coral Gables, 139 So. 2d 504 (Fla. 3d DCA 1962)