WILLIAM RABINOWITZ AND JEAN RABINOWITZ, HIS WIFE, AND WILLIAM RABINOWITZ, JR., BY HIS FATHER AND NEXT FRIEND, WILLIAM RABINOWITZ, APPELLANTS,
v.
TOWN OF BAY HARBOR ISLANDS, A MUNICIPAL CORPORATION, APPELLEE; JOSEPH INDZELL AND FRANCES INDZELL, APPELLANTS, V. TOWN OF BAY HARBOR ISLANDS, A MUNICIPAL CORPORATION, APPELLEE
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This case involves an appeal of summary judgments that were initially affirmed by the Florida District Court of Appeal but later quashed by the Florida Supreme Court. The District Court of Appeal, following the Supreme Court's mandate, vacated its prior judgment and reversed the lower court's summary judgments.
The summary judgments entered by the Circuit Court of Dade County were not appropriate and are reversed. The District Court of Appeal's prior affirmation of these judgments is vacated.
“Whereas the judgment of this court was entered on October 20, 1964 (168 So. 2d 583) affirming the summary judgments of the Circuit Court of Dade County, Florida, appealed from 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 30, 1965 (178 So. 2d 9) and mandate dated September 13, 1965, now lodged in this court, quashed this court's judgment and remanded the cause for disposition consistent with the said opinion and judgment of the Supreme Court of Florida;”
This quote outlines the procedural history, including the initial affirmation by the District Court of Appeal and the subsequent quashing by the Supreme Court.
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Join FLexlaw to unlock all legal intelligenceThe Rabinowitz and Indzell families appealed summary judgments entered against them by the Circuit Court of Dade County. The District Court of Appeal …
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Whereas the judgment of this court was entered on October 20, 1964 (168 So.2d 583) affirming the summary judgments of the Circuit Court of Dade County, Florida, appealed from 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 30, 1965 (178 So.2d 9) and mandate dated September 13, 1965, now lodged in this court, quashed this court’s judgment and remanded the cause for disposition consistent with the said opinion and judgment of the Supreme Court of Florida;
Therefore, It is Ordered that the mandates of this court issued in these causes on November 24, 1964 are withdrawn; the judgment of this court filed October 20, 1964 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith the opinion and judgment of this court, and the said summary judgments of the circuit court appealed from in these causes are reversed for further proceedings consistent 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
- Rabinowitz v. Town OF BAY Harbor Islands, 178 So. 2d 9 (Fla. 1965)
- Rabinowitz v. Town OF BAY Harbor Islands, 168 So. 2d 583 (Fla. 3d DCA 1964)