RUTH E. MITCHELL, INDIVIDUALLY AND AS EXECUTRIX OF THE WILL OF SAM MITCHELL, DECEASED, APPELLANT,
v.
SHIRLEY MITCHELL GRAPES, MIRIAM MITCHELL ARLEN AND RITA MITCHELL NICHTBERGER, APPELLEES
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This case involves a procedural history where the Florida Supreme Court quashed a prior appellate court judgment, requiring further proceedings. The appellate court, upon receiving the Supreme Court's mandate, affirmed the original circuit court decree.
Yes, the appellate court should affirm the circuit court's decree because, after considering the remaining issues in light of the Supreme Court's mandate, no basis for reversal was found.
“quashed this court's judgment •of reversal and remanded the cause for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida”
Describes the action taken by the Florida Supreme Court on the prior appellate decision.
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 reversed a decree from the Circuit Court. The Supreme Court of Florida reviewed this judgment by c…
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WHEREAS, the judgment of this court was entered on November 20, 1962 (Fla. App., 146 So.2d 591) reversing 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 November 15, 1963 (159 So.2d 465) and mandate dated January 30, 1964, now lodged in this court, quashed this court’s judgment •of reversal and remanded the cause for further proceedings consistent with the said ■opinion and judgment of the Supreme Court ■of Florida;
And it appearing that the questions presented on appeal which were not ruled on by this court in its initial consideration of the .appeal have, following receipt of the man■date of the Supreme Court of Florida, been ■considered by the court without oral argument and found to furnish no basis for reversal ;
Now, therefore, it is Ordered that the mandate of this court issued in this cause on December 4, 1962 is withdrawn, the opinion and judgment of this court filed November 20, 1962 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 decree of the Circuit Court appealed from in this cause is affirmed. Costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.)
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McHARGUE v. The Great Atl. & Pac. TEA Co., Inc., 209 So. 2d 283 (Fla. 1st DCA 1968)…t. The judgment appealed is accordingly reversed and the cause remanded for a new trial. CARROLL, DONALD K., and RAWLS, JJ., concur. . Food Fair Stores, Inc. v. Trusell, (Fla.1961) 131 So. 2d 730. . Conwell v. Zayre of Miami, Inc., (Fla.App.1964) 161 So. 2d 537; McDermott v. Engstrom, (Fla.1955) 81 So. 2d 553; Brisson v. W. T. Grant Company, (Fla.1955) 79 So. 2d 771.…
Authorities Cited
- Grapes v. Mitchell, 159 So. 2d 465 (Fla. 1963)
- Mitchell v. Grapes, 146 So. 2d 591 (Fla. 3d DCA 1962)