IN RE ESTATE OF BURRELL L. JOINER, DECEASED. LULA G. OLIVER, MRS. B. F. EASTERLIN, SR., HENRY PHILLIPS, A. V. PHILLIPS AND W. ALFRED PHILLIPS, APPELLANTS,
v.
MARY TOM (JANE) SUBER, INDIVIDUALLY AND AS EXECUTRIX OF THE LAST WILL AND TESTAMENT OF BURRELL L. JOINER, DECEASED, APPELLEE
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The Florida District Court of Appeal vacated its prior reversal of a county judge's order, following a mandate from the Florida Supreme Court. The appellate court then affirmed the county judge's original order.
The District Court of Appeal must comply with the mandate of the Florida Supreme Court. Therefore, the appellate court's prior judgment is vacated, and the county judge's order is affirmed.
“Whereas, on review of this court's judgment by certiorari, the Supreme Court of Florida by its opinion and judgment filed July 17, 1963 and mandate dated September 18, 1963, now lodged in this court, quashed this court's judgment of reversal with directions to affirm the judgment of the County Judge;”
This quote explains the Supreme Court's action and directive to the District Court of Appeal.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously reversed an order from the County Judges' Court. Upon review by certiorari, the Florida Supreme Court quas…
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Whereas, the judgment of this court was entered on December 20, 1962, reversing the order of the County Judges’ Court in and for Dade County in the above styled cause ; and
*167Whereas, on review of this court’s judgment by certiorari, the Supreme Court of Florida by its opinion and judgment filed July 17, 1963 and mandate dated September 18, 1963, now lodged in this court, quashed this court’s judgment of reversal with directions to affirm the judgment of the County Judge;
Now, therefore, it is Ordered that the mandate of this court issued in this cause on January 11, 1963, is withdrawn, the judgment of this court filed December 20, 1962, is vacated, the judgment and opinion of the Supreme Court of Florida is herewith made the judgment and opinion of this court, and the said order of the County Judges’ Court appealed from in this cause is affirmed; costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Est. of Burrell L. Joiner v. Oliver, 156 So. 2d 161 (Fla. 1963)
- In re Est. of Burrell L. Joiner v. Phillips and W. Alfred Phillips, 147 So. 2d 563 (Fla. 3d DCA 1962)