A. J. ARMSTRONG CO., INC., A NEW YORK CORPORATION, APPELLANT,
v.
JUAN ROMANACH AND ELDA ROMANACH, 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 procedural maneuver where the Florida District Court of Appeal, Third District, vacated its prior reversal of a summary judgment and reinstated that judgment, following a directive from the Florida Supreme Court. The Supreme Court had quashed the appellate court's reversal, ordering the reinstatement of the lower court's decision.
Yes, the District Court of Appeal must follow the Supreme Court's directive. The appellate court vacated its prior judgment and reinstated the circuit court's summary judgment.
“Whereas, the judgment of this court was entered on June 9, 1964 (165 So. 2d 817) reversing the summary judgment of the Circuit Court 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 3, 1965 (172 So. 2d 444) and mandate dated March 19, 1965, now lodged in this court, quashed this court's judgment of reversal with directions that the summary judgment of the circuit court be reinstated”
This quote outlines the procedural history and the Supreme Court's directive that prompted the current decision.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously reversed a summary judgment entered by the Circuit Court for Dade County. Upon review by certiorari, the F…
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Whereas, the judgment of this court was entered on June 9, 1964 (165 So. *8672d 817) reversing the summary judgment of the Circuit Court 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 3, 1965 (172 So.2d 444) and mandate dated March 19, 1965, now lodged in this court, quashed this court’s judgment of reversal with directions that the summary judgment of the circuit court be reinstated;
Therefore, It is Ordered that the mandate of this court issued in this cause on July 20, 1964, is withdrawn, the opinion and judgment of this court filed June 9, 1964 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion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 summary judgment of the circuit court appealed from in this cause is reinstated and 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
- A. J. Armstrong Co., Inc. v. Romanach, 165 So. 2d 817 (Fla. 3d DCA 1964)
- Romanach v. A. J. Armstrong Co., Inc., 172 So. 2d 444 (Fla. 1965)