ANTONIO U. SANCHEZ AND JOSE MANUEL BERENGUER, APPELLANTS,
v.
CRANDON WHOLESALE DRUG CO., A FLORIDA CORPORATION, APPELLEE
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This case involves a procedural maneuver where the Florida District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's ruling, reversing a lower court's order and directing the reinstatement of a complaint.
The District Court of Appeal adopted the Florida Supreme Court's judgment, thereby reversing the lower court's order and directing the reinstatement of the complaint.
“quashed this court's judgment of affirmance with instructions that the cause be returned to the trial court with directions to reinstate the complaint and proceed further in a manner not inconsistent with the said opinion and judgment of the Supreme Court of Florida”
Describes the Supreme Court's directive to the District Court of Appeal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed an order of the Civil Court of Record. However, the Florida Supreme Court quashed this affirmance…
The full statement of facts, procedural history, and disposition for this case are member content.
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Whereas, the judgment of this court was entered on September 29, 1964 (167 So.2d 640) affirming the order of the Civil Court of Record in and 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 April 17, 1965 and mandate dated April 28, 1965, now lodged in this court, 173 So.2d 687, quashed this court’s judgment of affirmance with instructions that the cause be returned to the trial court with directions to reinstate the complaint and proceed further in a manner not inconsistent with the said opinion and judgment of the Supreme Court of Florida;
Therefore, it is ordered that the mandate of this court issued in this cause on October 14, 1964 is withdrawn, the judgment of this court filed September 29, 1964 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and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 order of the Civil Court of Record appealed from in this cause is reversed with directions to reinstate the complaint and to proceed further in a manner not inconsistent with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.SA.).
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Citator
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DELTA AIR Lines, Inc. v. Wilson, 210 So. 2d 761 (Fla. 3d DCA 1968)…gnature on the contract does not in our opinion create a sufficient ambiguity to negate the plain effect of the word “By” preceding the appellee’s signature and following the corporate name. In Moldan v. First National Bank of Miami, Fla.App. 1965, 174 So. 2d 780, this court held a contract for the purchase of a motor vehicle to be ambiguous. The contract named J. D. Ball, Inc., as seller, and Sullivan County Corp. as buyer. In the space provided for the buyer’s signature, the name Sullivan County Corp. was…
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Sanchez v. Crandon Wholesale Drug Co., 173 So. 2d 687 (Fla. 1965)
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Sanchez v. Crandon Wholesale Drug Co., 194 So. 2d 646 (Fla. 3d DCA 1967)…Drug Co., Fla.App.1964, 167 So. 2d 640. . Sanchez v. Crandon Wholesale Drug Co., Fla.1965, 173 So. 2d 687. . Florida-Georgia Chem. Co. v. National Laboratories, Fla.App.1963, 153 So. 2d 752. . Sanchez v. Crandon Wholesale Drug Co., Fla.App.1965, 174 So. 2d 780.…
Authorities Cited
- Sanchez v. Crandon Wholesale Drug Co., 173 So. 2d 687 (Fla. 1965)
- Sanchez v. Crandon Wholesale Drug Co., 167 So. 2d 640 (Fla. 3d DCA 1964)