CARL O. LITTLE AND VERA P. LITTLE, HIS WIFE, APPELLANTS,
v.
JOSEPH P. SULLIVAN, APPELLEE
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This case involves an order on mandate from the Florida District Court of Appeal, Third District, following a Supreme Court decision. The appellate court vacated its prior judgment and reversed the lower court's decision, remanding for dismissal due to failure to prosecute.
The District Court of Appeal vacated its prior judgment and reversed the lower court's final judgment, remanding the case for dismissal.
“Whereas, the judgment of this court was entered on August 4, 1964 (166 So. 2d 697) affirming the final judgment of the Civil 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 (173 So. 2d 135), by its opinion and judgment filed March 26, 1965 and mandate dated April 14, 1965, now lodged in this court, quashed this court's judgment for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida;”
This quote establishes the procedural history and the Supreme Court's intervention that led to the current order.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a final judgment from the Civil Court of Record. However, the Supreme Court of Florida quashed th…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on August 4, 1964 (166 So.2d 697) affirming the final judgment of the Civil *761Court 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 (173 So.2d 135), by its opinion and judgment filed March 26, 1965 and mandate dated April 14, 1965, now lodged in this court, quashed this court’s judgment for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida;
Now, therefore, It is Ordered that the mandate of this court issued on August 28, 1964 in this cause is withdrawn, the judgment of this court filed August 4, 1964 is vacated, the said opinon and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the final judgment of the Civil Court of Record appealed from in this cause is reversed and the cause is remanded for the entry of an order dismissing the action for failure to prosecute. 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
- Little v. Sullivan, 173 So. 2d 135 (Fla. 1965)
- Little v. Sullivan, 166 So. 2d 697 (Fla. 3d DCA 1964)