HELEN SAFFAN, PETITIONER,
v.
COUNTY OF DADE, STATE OF FLORIDA, RESPONDENTS

Fla. 3d DCA | 1965-04-21
No. 63-424
Before TILLMAN PEARSON, CARROLL and HENDRY, JJ.
173 So. 2d 758 Florida District Court of Appeal, Third District (1965)

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Synopsis

The Florida District Court of Appeal vacated its prior judgment and affirmed the Circuit Court's judgment after the Florida Supreme Court reversed the District Court's decision. This case illustrates the hierarchical structure of appellate courts and the binding nature of higher court decisions.


Holding

Yes, the District Court of Appeal must vacate its prior judgment and affirm the judgment of the Circuit Court as directed by the Supreme Court of Florida.


Key Quotes

“reversed this court's judgment with directions to affirm the judgment of the Circuit Court”

Describes the Supreme Court's directive to the District Court of Appeal.

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Facts & Procedural History

The District Court of Appeal had previously denied a petition for a writ of certiorari to review a judgment from the Circuit Court. The Supreme Court …

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Opinion of the Court
PER CURIAM.

*759PER CURIAM.

Whereas, the judgment of this court was entered on December 13, 1963 (159 So.2d 102) which denied a petition for writ of certiorari to review a judgment of the Circuit Court of Dade County, Florida, in the exercise of its appellate jurisdiction in the above styled cause; and

Whereas, on review of this court’s judgment, by appeal, the Supreme Court of Florida, by its opinion and judgment dated “March 17, 1965, 173 So.2d 138, and mandate dated April 12, 1965, now lodged in this court, reversed this court’s judgment with directions to affirm the judgment of the Circuit Court;

Now, therefore, it is ordered that the judgment of this court dated December 13, 1963 which was certified to the trial •court on January 13, 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 circuit court appealed from in this cause is 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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