MARY VASQUEZ, APPELLANT,
v.
LINDA LEE STARK AND CHARLES N. STARK, APPELLEES

Fla. 3d DCA | 1964-11-24
No. 63-37
Before BARKDULL, C. J., and CARROLL and HORTON, JJ.
169 So. 2d 37 Florida District Court of Appeal, Third District (1964)

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Synopsis

This case involves a procedural matter where the Florida Supreme Court quashed a prior reversal by the District Court of Appeal, leading the District Court of Appeal to vacate its own judgment and reinstate the original circuit court judgment.


Holding

The District Court of Appeal must vacate its previous judgment and reinstate the judgment of the circuit court.


Key Quotes

“Whereas, the judgment of this court was entered on the 27th day of August, 1963 (155 So. 2d 905) 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 September 30, 1964 and mandate dated November 12, 1964, 168 So. 2d 140, now lodged in this court, quashed this court's judgment of reversal;”

Establishes the prior actions of the District Court of Appeal and the Supreme Court's intervention.

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Facts & Procedural History

The District Court of Appeal had previously reversed a judgment from the Circuit Court. Upon review by certiorari, the Florida Supreme Court quashed t…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Whereas, the judgment of this court was entered on the 27th day of August, 1963 (155 So.2d 905) 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 September 30, 1964 and mandate dated No*38vember 12, 1964, 168 So.2d 140, now lodged in this court, quashed this court’s judgment of reversal;

Now, therefore, It is ordered that the mandate of this court issued in this cause on September 19, 1963 is withdrawn, the opinion and judgment of this court filed August 27, 1963 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 said judgment of the- circuit court appealed from in this cause is reinstated and affirmed; costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).


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