WESTINGHOUSE ELECTRIC CORPORATION, A PENNSYLVANIA CORPORATION, APPELLANT,
v.
CAROL FLORIDA CORP., A FLORIDA CORPORATION, ET AL., APPELLEES
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This case represents the second appeal of a dispute between Westinghouse Electric Corporation and Carol Florida Corp. The appellate court affirmed the lower court's decision, holding that the appellant was not permitted a second appeal on an issue already determined in the first appeal.
No, the appellant is not permitted a second appeal on a question that was determined on the first appeal.
“The appellant is not permitted a second appeal on the question determined on the first appeal.”
Establishes the legal principle preventing a second appeal on an already decided issue.
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Join FLexlaw to unlock all legal intelligenceThis case came before the court for a second time after the initial appeal and subsequent denial of certiorari by the Supreme Court. The circuit court…
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This is the second appearance of this case in this Court. See Westinghouse Elec. Corp. v. Carol Florida Corp., Fla.App.1960, 122 So.2d 795. Certiorari was sought by the appellant in the Supreme Court of Florida and denied without opinion. Westinghouse Elec. Corp v. Carol Florida Corp., Fla. 1961, 138 So.2d 341. Subsequent to the filing of this Court’s mandate and the denial of certiorari, the circuit court proceeded to try the issue designated in the judgment of this Court.
The plaintiff, Westinghouse Electric Corp., again appeals, and upon this appeal urges that this Court directed the trial of an issue which it claims was not presented by the pleadings. The appellee claims, as it did upon the first appeal, that the issue was determinative. No other point upon appeal is presented. The appellant is not permitted a second appeal on the question determined on the first appeal. See Butler v. Major Holding Corp., 145 Fla. 549, 200 So. 96; King v. Citizens & Southern Nat’l Bank of Atlanta, Ga., Fla.App.1960, 119 So.2d 67.
Affirmed.
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Strazzulla v. Hendrick, 177 So. 2d 1 (Fla. 1965)…addock v. State, 1940, 141 Fla. 132, 192 So. 802; Oates v. New York Life Ins. Co., 1940, 144 Fla. 744, 198 So. 681; Butler v. Major Holding Corporation, 1941, 145 Fla. 549, 200 So. 96; Westinghouse Electric Corp v. Carol Florida Corp., Fla.App.1963, 154 So. 2d 339. The language of the Family Loan Co. v. Smetal decision, supra, 169 So. 48, 49, was even stronger than that used in the earlier cases. It was there said: “Whether the holding in the opinion filed on the former appeal is sound or erroneous as a pre…1 / 2
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NEW England Ins. Co. v. Int'l Bank OF Miami, N.A., 537 So. 2d 1025 (Fla. 3d DCA 1988)…nt and same issues as in first appeal, if the facts before the court are the same as [*1026] those in the first appeal). Appellant is not permitted a second appeal on issues decided in a previous appeal. Westinghouse Elec. Corp. v. Carol Fla. Corp., 154 So. 2d 339 (Fla. 3d DCA), cert. denied, 157 So. 2d 819 (Fla.1963). AFFIRMED.…
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Westinghouse Elec. Corp. v. Carol Fla. Corp., 157 So. 2d 819 (Fla. 1963)…Certiorari denied without opinion. 154 So. 2d 339.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Beulah McCollum King and Jackson L. King v. Citizens & S. Nat'l Bank OF Atlanta, 119 So. 2d 67 (Fla. 3d DCA 1960)
- Butler v. Major Holding Corp., 145 Fla. 549 (Fla. 1940)
- Westinghouse Elec. Corp. v. Carol, 138 So. 2d 341 (Fla. 1961)
- Broward Marine, Inc. v. Peterson, 138 So. 2d 341 (Fla. 1961)
- Begg v. Begg, 145 Fla. 696 (Fla. 1941)
- Westinghouse Elec. Corp. v. Carol Fla. Corp., 122 So. 2d 795 (Fla. 3d DCA 1960)