WILLIAM SEBASTIAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1965-03-11
No. 62-673
Before BARKDULL, C. J., and TILLMAN PEARSON and CARROLL, JJ.
172 So. 2d 622 Florida District Court of Appeal, Third District (1965)

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Synopsis

This case involves the Florida District Court of Appeal, Third District, reinstating a lower court's judgment after the Florida Supreme Court quashed the appellate court's prior reversal. The Supreme Court directed the reinstatement of the trial court's decision.


Holding

Yes, the District Court of Appeal's prior judgment of reversal is vacated, and the judgment of the Criminal Court of Record is reinstated and affirmed, in accordance with the mandate of the Florida Supreme Court.


Key Quotes

“quashed this court's judgment of reversal with directions that the judgment entered in this case by the Criminal Court of Record, Dade County, Florida, be reinstated”

describes the Supreme Court's directive to the lower appellate court

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Facts & Procedural History

The District Court of Appeal had previously reversed a judgment from the Criminal Court of Record for Dade County. The State of Florida sought review …

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Opinion of the Court
PER CURIAM.

*623PER CURIAM.

Whereas, the judgment of this court was entered on April 8, 1964 (162 So.2d 706), reversing the judgment of the Criminal Court of Record 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 February 17, 1965 (171 So.2d 893) and mandate dated March 8, 1965, now lodged in this court, quashed this court’s judgment of reversal with directions that the judgment entered in this case by the Criminal Court of Record, Dade County, Florida, be reinstated;

Now, therefore, it is ordered that the mandate of this court issued on April 8, 1964 is withdrawn; the judgment of this court filed April 8, 1964, is vacated; the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment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 Criminal Court of Record 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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