NORTH DADE BAR ASSOCIATION, INC., A NON-PROFIT CORPORATION OF FLORIDA, AND JOE E. LUDICK, APPELLANTS,
v.
DADE-COMMONWEALTH TITLE INSURANCE CO., A FLORIDA CORPORATION; THE DRUMMOND-BLOW CO., A FLORIDA CORPORATION; AND NATIONAL TITLE INSURANCE CO., A FLORIDA CORPORATION, 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 judgment and reinstated the circuit court's decree after the Florida Supreme Court quashed the appellate court's reversal.
Yes, the District Court of Appeal must follow the mandate of the Florida Supreme Court. The prior judgment of the District Court is vacated, and the circuit court's decree is reinstated and affirmed.
“quashed this court's judgment of reversal and directed that the decree of the chancellor be reinstated”
Describes the action taken by the Florida Supreme Court.
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 decree from the Circuit Court. Upon review by certiorari, the Florida Supreme Court quashed the…
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Whereas, the judgment of this court was •entered on the 26th day of June, 1962 (Fla. App., 143 So.2d 201) reversing the 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 j'udgment filed April 19, 1963 (152 So.2d 723) and mandate dated May 21, 1963, now lodged in this court, quashed this court’s judgment of reversal and directed that the decree of the chancellor be reinstated;
Therefore, it is Ordered that the mandate of this court issued in this cause on August 10, 1962, is withdrawn, the judgment of this court filed June 26, 1962, is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment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 said decree of the circuit court appealed from in this cause is reinstated and affirmed; costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, F.A.R., 31 F.S.A.).
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Authorities Cited
- Dade-Commonwealth Title Ins. Co. v. N. Dade BAR Ass'n, Inc., 152 So. 2d 723 (Fla. 1963)
- N. Dade BAR Ass'n, Inc. v. Dade-Commonwealth Title Ins. Co., 143 So. 2d 201 (Fla. 3d DCA 1962)