HARRY SMITH, APPELLANT,
v.
ROSA SMITH, APPELLEE
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This case involves a per curiam order from the Florida District Court of Appeal, Third District, modifying its prior judgment based on a Supreme Court of Florida decision. The appellate court vacated parts of its earlier ruling that conflicted with the Supreme Court's opinion and affirmed the remainder of its original judgment.
The District Court of Appeal must withdraw and vacate the portions of its prior judgment that conflict with or fail to conform to the Supreme Court of Florida's opinion and judgment, and adopt the Supreme Court's decision as its own.
“Whereas, the judgment of this court was entered on April 2, 1963 (151 So. 2d 448), affirming in part and reversing in part the decree of 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 court's judgment by certiorari, the Supreme Court of Florida, by its opinion and judgment filed January 29, 1964 (160 So. 2d 697), and mandate now lodged in this court, quashed a portion of this court's judgment ;”
This quote establishes the prior actions of both the District Court of Appeal and the Supreme Court of Florida, setting the stage for the current order.
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Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously affirmed in part and reversed in part a decree from the Circuit Court. The Supreme Court of Florid…
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Whereas, the judgment of this court was entered on April 2, 1963 (151 So.2d 448), affirming in part and reversing in part the decree of 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 court’s judgment by certiorari, the Supreme Court of Florida, by its opinion and judgment filed January 29, 1964 (160 So.2d 697), and mandate now lodged in this court, quashed a portion of this court’s judgment ;
Now, therefore, It is Ordered that the mandate of this court issued in this cause on April 18, 1963, is withdrawn, the opinion and judgment of this court filed April 2, 1963, insofar as it is in conflict with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida dated January 29, 1964, aforesaid, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The opinion and judgment of this court, except as withdrawn and vacated as aforesaid, is adhered to and the decree of the Circuit Court is affirmed. Costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Smith v. Smith, 151 So. 2d 448 (Fla. 3d DCA 1963)
- Smith v. Smith, 160 So. 2d 697 (Fla. 1964)