SCHERER & SONS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
INTERNATIONAL LADIES' GARMENT WORKERS' UNION, LOCAL 415, ET AL., APPELLEES
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Scherer & Sons appealed the trial court's dismissal of its amended complaint seeking injunctive relief against a union for alleged violations of Florida's restraint-of-trade statute. The appellate court reversed, holding that the trial court erred by dismissing the complaint without allowing the plaintiff to present evidence on the applicability of Florida's right-to-work amendment, as the Supreme Court of Florida had previously directed on remand.
The trial court erred in dismissing the amended complaint without allowing the plaintiff to establish by evidence the allegations in the complaint regarding the right-to-work amendment. The Florida Supreme Court's prior ruling constituted the "law of the case" that the trial court was required to follow on remand.
“* * * [W]e feel that upon remand the appellant should be accorded an opportunity to establish by evidence the applicability of Florida's right-to-work amendment if it so desires and is in a position to do so.”
The Florida Supreme Court's directive establishing what the trial court must allow on remand, which became binding law of the case
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Join FLexlaw to unlock all legal intelligenceScherer & Sons filed a complaint seeking injunctive relief against International Ladies' Garment Workers' Union, Local 415, alleging violations of Flo…
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Plaintiff appeals the dismissal of its amended complaint. The plaintiff filed its *307original complaint seeking injunctive relief against defendants-appellees for an alleged violation of the statute prohibiting agreements in restraint of trade resulting in injury to appellant. The trial court entered a temporary injunction order from which an appeal was taken to this court by the appellees. This court reversed the order appealed, and thereafter certified the question to the Supreme Court of Florida. The Supreme Court discharged the writ of certi-orari and remanded the cause to this court for issuance of a mandate consistent with the Supreme Court’s opinion which held:1
“ * * * [W]e feel that upon remand the appellant should be accorded an opportunity to establish by evidence the applicability of Florida’s right-to-work amendment if it so desires and is in a position to do so.”
This court filed an opinion in which it withdrew its earlier mandate, and amended its judgment and decision by adding thereto * * * “[a]nd the cause is remanded to the circuit court for further proceeding in that court not inconsistent with this opinion and the opinion of the Supreme Court [of Florida].” 2
Appellant filed an amended complaint as allowed, which appellees moved to dismiss. After argument the trial court dismissed the complaint, as amended, with prejudice.
The question for our determination is whether the trial court erred in failing to adhere to the decision of the Supreme Court of Florida in this case by dismissing the amended complaint. We hold that such dismissal was error.
The ruling of the Supreme Court became the “law of the case” 3 and the Circuit Court’s dismissal of the complaint without affording appellant “an opportunity to establish by evidence” the allegations in the amended complaint was error.
We therefore reverse the order appealed and remand the cause for proceedings consistent herewith.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Int'l Ladies' Garment Workers' Union, Local 415, Int'l Ladies' Garment Workers' Union, AFL-CIO v. Scherer & Sons, Inc., 188 So. 2d 380 (Fla. 3d DCA 1966)…, or, in the alternative to continue to suffer losses in its business with a likelihood of a cessation thereof, all of the above being within the purview of the law of the case in this cause of action, as is defined and set out in 142 So. 2d 290 and 163 So. 2d 306; see also Hescom, Inc. v. Stalvey, etc., [Fla.App. 1963], 155 So. 2d 3. “That the compulsive pressures brought to bear upon the Plaintiff, and its employees, by the Defendants, acting in concert, violate the Right to Work Amendment to the Constitut…1 / 2
Authorities Cited
- McGregor v. Provident Tr. Co. of Philadelphia, 119 Fla. 718 (Fla. 1935)
- Scherer & Sons, Inc. v. Int'l Ladies' Garment Workers' Union, Local 415, Int'l Ladies' Garment Workers Union, AFL-CIO, 142 So. 2d 290 (Fla. 1962)
- Leybourne v. Furlong, 161 So. 2d 221 (Fla. 3d DCA 1964)
- City OF Miami Beach v. Parking Facilities, Inc., 120 So. 2d 209 (Fla. 3d DCA 1960)
- Int'l Ladies' Garment Workers Union v. Scherer & Sons, Inc., 146 So. 2d 137 (Fla. 3d DCA 1962)