YOUNG SPRING & WIRE CORP., A MICHIGAN CORPORATION, APPELLANT,
v.
LORETTA MARIE SMITH, 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 opinion of the Florida Supreme Court after the Supreme Court quashed the District Court's initial decision. The case is remanded for further proceedings consistent with the Supreme Court's ruling.
The District Court of Appeal must vacate its previous judgment, adopt the Supreme Court's opinion as its own, and reverse the Circuit Court's order, remanding the case for further proceedings.
“quashed this court's judgment and remanded the cause for disposition in accordance with the said opinion and judgment of the Supreme Court of Florida”
Describes the action taken by the Florida Supreme Court on the District Court's prior judgment.
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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 reviewed this …
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 December 10, 1963 (159 So.2d 120) affirming the order of the Circuit Court of Dade County, Florida, in the above styled cause; and
*374Whereas, on review of this court’s judgment by certiorari, the Supreme Court of Florida, by its opinion and judgment filed June 23, 1965 and mandate dated July 13, 1965, 176 So.2d 903; now lodged in this court, quashed this court’s judgment and remanded the cause for disposition in accordance 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Therefore, It is Ordered that the mandate of this court issued in this cause on January 7, 1964 is withdrawn, the judgment of this court filed December 10, 1963 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and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 order of the circuit court appealed from in this cause is reversed and the cause is remanded for disposition in accordance with the opinion and judgment of the Supreme Court of Florida; costs allowed shall be taxed in the circuit court (Rule 3.16(b), Florida Appellate Rules, 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- O'Neill v. Adams, 176 So. 2d 903 (Fla. 1965)
- Bunyon v. State, 159 So. 2d 120 (Fla. 2d DCA 1963)
- Witlin v. Witlin, 159 So. 2d 120 (Fla. 3d DCA 1963)