FITZ ROBERT HURD AND MARGARET HURD, HIS WIFE, APPELLANTS,
v.
EDWIN E. BECKER AND OLIVE C. BECKER, HIS WIFE, AND ALMA BIR, APPELLEES
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This case involves a procedural maneuver where the Florida District Court of Appeal vacated its prior judgment and adopted the opinion of the Florida Supreme Court, which had quashed the district court's earlier decision. The case is returned to the lower court for further proceedings.
The District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's opinion and judgment as its own, reversing the lower court's order for further proceedings.
“quashed this court's judgment with directions to return the cause to the chancellor for further consideration and eventual disposition”
Describes the action taken by the Florida Supreme Court on review.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed an order from the Circuit Court of Dade County. However, the Florida Supreme Court, upon review b…
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Whereas, the judgment of this court was entered on June 9, 1964 (165 So.2d 420) affirming the order of the Circuit Court of 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 17, 1965, 173 So.2d 141, and mandate dated April 5, 1965, now lodged in this court, quashed this court’s judgment with directions to return the cause to the chancellor for further consideration and eventual disposition;
Now, therefore, It is Ordered that the mandate of this court issued in this cause on July 10, 1964 is withdrawn, the judgment of this court entered June 9, 1964 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and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 order of the circuit court appealed from in this cause is reversed for further consideration and disposition in accordance with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16(b) Florida Appellate Rules, 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fitz Robert Hurd and Margaret Hurd v. Becker, 165 So. 2d 420 (Fla. 3d DCA 1964)
- Fitz Robert Hurd and Margaret Hurd v. Becker, 173 So. 2d 141 (Fla. 1965)