MIAMI TRANSIT COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
WALTER M. FORD AND MABEL FORD, HIS WIFE, APPELLEES
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The Florida District Court of Appeal vacated its prior dismissal of an appeal and reinstated it for a decision on the merits, following a mandate from the Florida Supreme Court. The Supreme Court had quashed the dismissal, directing the appellate court to proceed with the case.
Yes, the District Court of Appeal must vacate its prior dismissal and reinstate the appeal for a determination on the merits, as directed by the Supreme Court of Florida.
“Whereas, on review of this courts' judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed June 19, 1963 (155 So. 2d 360) and mandate dated July 18, 1963, now lodged in this court, quashed this courts' judgment of dismissal and remanded the cause to this court for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida;”
This quote establishes the Supreme Court's action in quashing the dismissal and remanding the case, which is the basis for the current order.
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Join FLexlaw to unlock all legal intelligenceThe Miami Transit Company appealed a decision from the Eleventh Judicial Circuit Court. This court initially dismissed the appeal on January 29, 1963.…
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Whereas, the judgment of this court was entered on January 29, 1963 (Fla.App., 149 So.2d 87) dismissing this appeal from 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 courts’ judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed June 19, 1963 (155 So.2d 360) and mandate dated July 18, 1963, now lodged in this court, quashed this courts’ judgment of dismissal and remanded the cause to this court for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida;
Now, therefore, it is ordered that the judgment of this court filed January 29, 1963, is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, and the above styled appeal is reinstated and shall proceed to a final determination on the merits.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Miami Transit Co. v. Ford, 159 So. 2d 261 (Fla. 3d DCA 1964)
Authorities Cited
- Miami Transit Co. v. Ford, 155 So. 2d 360 (Fla. 1963)
- Miami Transit Co. v. Ford, 149 So. 2d 87 (Fla. 3d DCA 1963)