J. T. FOWLER, APPELLANT,
v.
MIDSTATE HAULING CO., A FLORIDA CORPORATION, AND ROBERT O. KNIGHT, APPELLEES
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This case involves a procedural history where the Florida Supreme Court quashed a prior judgment of this appellate court, remanding the case for consideration of previously unaddressed errors. Upon reconsideration, the appellate court affirmed the lower court's judgment.
No, upon further consideration of the remaining points on appeal, this court finds no reversible error in the lower court's judgment.
“the cause was remanded to this court with authority to "consider and dispose of any alleged errors which were presented but not initially considered,"”
This quote explains the basis for the current review by the appellate court, following the Supreme Court's directive.
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Join FLexlaw to unlock all legal intelligenceThe appellate court had previously reversed a lower court judgment. The Florida Supreme Court quashed this appellate court judgment and remanded the c…
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Whereas, the judgment of this court entered on March 20, 1964 reported in 162 So.2d 278 reversed the judgment of the Circuit Court of Orange County, and,
Whereas, on review of this court’s judgment by certiorari the Supreme Court of Florida quashed the judgment of this court by a decision filed May 19, 1965, reported in 176 So.2d 87 and the cause was remanded to this court with authority to “consider and dispose of any alleged errors which were presented but not initially considered,” and,
Whereas, after such remand this court has further considered the remainder of appellant’s points on appeal initially presented to this court but not considered in our decision of March 20, 1965 and now determines that error has not been made to appear;
Now, therefore, it is ordered and adjudged that the judgment of this court be now reconsidered and that the order and judgment of the Circuit Court be and the same is hereby affirmed. It is further
Ordered that the Mandate of this court issued in this cause on April 15, 1964 is withdrawn.
SHANNON, Acting C. J., and SMITH, J., and WARREN, LAMAR, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Odell Blakely, Jr. v. State, 191 So. 2d 610 (Fla. 2d DCA 1966)…esses are not activated. This Court is therefore without jurisdiction. Barton v. State, Fla.App.1965, 176 So. 2d 597; State v. Weeks, Fla.1964, 166 So. 2d 892; Crownover v. Shannon, Fla.1964, 170 So. 2d 299; and Young v. State, Fla.App. [*612] 1965, 177 So. 2d 535. All these cases were decided and the opinions issued prior to the date notice of appeal was filed herein and, in fact, prior to the filing by defendant of his motion to vacate. Appeal dismissed sua sponte. LILES, Acting C. J., and HOBSON, J., con…
Authorities Cited
- Midstate Hauling Co. v. Fowler, 176 So. 2d 87 (Fla. 1965)
- Fowler v. Midstate Hauling Co., 162 So. 2d 278 (Fla. 2d DCA 1964)