THOMAS WEBSTER, A MINOR, BY HIS FATHER AND NEXT FRIEND, M. B. WEBSTER, AND M. B. WEBSTER, INDIVIDUALLY, APPELLANTS,
v.
KREIS KEMP, A MINOR, BY HIS FATHER AND NEXT FRIEND, KEORGE KEMP, AND GEORGE KEMP, INDIVIDUALLY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves a minor's personal injury claim that was initially affirmed by the Florida District Court of Appeal but later quashed by the Florida Supreme Court. The District Court of Appeal then vacated its prior judgment and reversed the lower court's summary judgment, remanding the case for further proceedings.
The District Court of Appeal held that its prior judgment affirming the summary final judgment was incorrect. It vacated its previous decision and reversed the lower court's summary final judgment.
“Whereas, the judgment of this court was entered on October 8, 1963 (156 So. 2d 669) affirming the summary final 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, by its opinion and judgment filed March 25, 1964, Fla., 164 So. 2d 814, and mandate dated April 20, 1964, now lodged in this court, quashed this court's judgment and remanded the cause for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida;”
This quote outlines the procedural history, including the initial affirmation by the District Court of Appeal and the subsequent quashing of that judgment by the Florida Supreme 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 case concerns a personal injury claim brought by a minor, Thomas Webster, through his father, against another minor, Kreis Kemp. The trial court e…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Remand For Further Proceedings cases and more on FLexlaw
Whereas, the judgment of this court was entered on October 8, 1963 (156 So.2d 669) affirming the summary final 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, by its opinion and judgment filed March 25, 1964, Fla., 164 So.2d 814, and mandate dated April 20, 1964, now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings consistent 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 *345on October 24, 1963 is withdrawn, the judgment of this court filed October 8, 1963 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the said summary final judgment of the Circuit Court appealed from in this cause is reversed and the cause is remanded for further proceedings consistent herewith; costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, F.A.R., 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Webster v. Kreis Kemp, 164 So. 2d 814 (Fla. 1964)
- Webster v. Kreis Kemp, 156 So. 2d 669 (Fla. 3d DCA 1963)