HART PROPERTIES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JOHN SLACK, A MINOR, BY AND THROUGH HIS MOTHER AND NEXT FRIEND, ESTELLE SLACK AND ESTELLE SLACK, INDIVIDUALLY, APPELLEES
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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, which had quashed the district court's initial decision. The district court then affirmed the trial court's judgment as directed by the Supreme Court.
The District Court of Appeal held that it must vacate its previous judgment and adopt the Florida Supreme Court's opinion and judgment as its own, thereby affirming the trial court's judgment as directed.
“quashed this court's judgment and the cause was remanded for the entry of a decision in conformity with the said opinion and judgment of the Supreme Court of Florida”
This quote explains the action taken by the Florida Supreme Court and the directive given to the lower appellate 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 Florida District Court of Appeal had previously affirmed a judgment from the Circuit Court. However, the Florida Supreme Court reviewed this decis…
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 October 9, 1962 (145 So.2d 285), affirming the judgment 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, 1963 (159 So.2d 236) and mandate dated January 20, 1964, now *483lodged in this court, quashed this court’s judgment and the cause was remanded for the entry of a decision in conformity with the said opinion and judgment of the Supreme Court of Florida;
Now, therefore, it is Ordered that the mandate of this court issued in this cause on October 25, 1962, is withdrawn, the judgment of this court filed October 9, 1962 is vacated; the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and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 judgment of the Circuit Court appealed herein is affirmed, as directed by the opinion now adopted by this court.
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
Cited By
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Roberts v. Se. Dev. Corp., 398 So. 2d 922 (Fla. 4th DCA 1981)…PER CURIAM. Plaintiff appeals from an adverse final summary judgment. We affirm the summary judgment but remand for further proceedings pursuant to Hart Properties, Inc. v. Slack, 159 So. 2d 482 (Fla.1963); Forte v. Tripp & Skrip, 339 So. 2d 698 (Fla.3d DCA 1976); and Worrell v. John F. Kennedy Memorial Hospital, Inc., 384 So. 2d 897 (Fla. 4th DCA 1980). The pleadings, depositions, and affidavits in the record on appeal show the presence of…
Authorities Cited
- Duarte v. Stevens Mkts., Inc., 159 So. 2d 236 (Fla. 1963)
- Hart Props., Inc. v. Slack, 145 So. 2d 285 (Fla. 3d DCA 1962)