MARSHALL SMITH, APPELLANT,
v.
CITY OF MIAMI, FLORIDA, A MUNICIPAL CORPORATION, BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, APPELLEES
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This case involves a procedural history where the Florida District Court of Appeal initially reversed a lower court's judgment, but the Florida Supreme Court quashed that reversal. The District Court of Appeal then vacated its own prior judgment and affirmed the original circuit court judgment, following the Supreme Court's mandate.
The District Court of Appeal vacated its previous judgment and affirmed the judgment of the circuit court, thereby making the Supreme Court's opinion and judgment the judgment of the District Court of Appeal.
“quashed this court's judgment and remanded the cause for disposition consistent with the said opinion and judgment of the Supreme Court of Florida”
This quote describes the action taken by the Florida Supreme Court, which dictated the subsequent actions of the District Court of Appeal.
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Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously reversed a judgment from the Circuit Court of Dade County. Upon review by certiorari, the Florida …
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Whereas, the judgment of this court was-entered on April 23, 1963 (153 So.2d 62) reversing 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, by its opinion and judgment filed June 24, 1964 (165 So.2d 748) and mandate dated July 22, 1964, now lodged in this. *503court, quashed this court’s judgment and remanded the cause for disposition 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Now, therefore, it is ordered that the mandate of this court issued May 29, 1963, is withdrawn, the judgment of this court dated April 23, 1963 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, and the said judgment 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.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Miami v. Smith, 165 So. 2d 748 (Fla. 1964)
- Smith v. City OF Miami, 153 So. 2d 62 (Fla. 3d DCA 1963)