STATE OF FLORIDA, APPELLANT,
v.
HAROLD HODGES, APPELLEE

Fla. 3d DCA | 1965-07-07
No. 62-765
Before TILLMAN PEARSON and CARROLL, JJ., and LEE, THOMAS E., Jr., Associate Judge.
176 So. 2d 604 Florida District Court of Appeal, Third District (1965)

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Synopsis

This case involves a procedural maneuver where the Florida District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's decision, remanding the case for a new trial. The Supreme Court had quashed the appellate court's reversal, directing a new trial.


Holding

Yes, the District Court of Appeal vacated its prior judgment and adopted the Supreme Court's opinion and judgment, remanding the cause to the trial court for a new trial.


Key Quotes

“quashed this court's judgment of [*605] reversal with directions to remand the cause to the trial court to proceed to a new trial.”

This quote explains the Supreme Court's directive to the District Court of Appeal.

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Facts & Procedural History

The Florida District Court of Appeal had previously reversed an order of the Criminal Court of Record for Dade County. Upon review by certiorari, the …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Whereas, the judgment of this court was entered on September 29, 1964 (169 So.2d 361) reversing the order of the Criminal 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, by its opinion and judgment filed June 9, 1965 (176 So.2d 91) and mandate dated June 26, 1965, now lodged in this court, quashed this court’s judgment of *605reversal with directions to remand the cause to the trial court to proceed to a new trial.

Now, therefore, It is Ordered that the mandate of this court issued in this cause on November 10, 1964 is withdrawn, the judgment of this court filed September 29, 1964 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and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 this cause is remanded to the trial court with directions to proceed to a new trial; costs allowed shall be taxed in the trial court (Rule 3.16(b), Florida Appellate Rules, 31 F.S.A.).


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