GERALD CLIFFORD FREWER, PETITIONER,
v.
CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION, RESPONDENT
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The court vacated the District Court of Appeal's decision and remanded for reconsideration.
The District Court of Appeal affirmed a trial court decision per curiam, citing a prior appellate decision. Subsequently, the Florida Supreme Court re…
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On appeal to it the District Court of Appeal, Third District, affirmed the trial court hy a per curiam opinion, 170 So.2d 82, in the following words:
“Per Curiam.
Affirmed on the authority of Rabinowitz v. Town of Bay Harbor Islands, Fla.App.1964, 168 So.2d 583 (opinion filed October 20, 1964).”
After the petitioner, Gerald Clifford Frewer, filed his petition for certiorari in this court we entered our opinion in Rabinowitz v. Town of Bay Harbor Islands, 178 So.2d 9 (opinion filed June 30, 1965) in which we reversed the decision of the district court cited as authority in the above copied per curiam decision.
In view of the overruling by this court of the decision cited by the district court as authority for its per curiam affirmance of this cause jurisdiction of this case is returned to the District Court of Appeal, Third District, for further consideration of its decision herein in light of our decision in Rabinowitz v. Town of Bay Flarbor Islands, supra.
We have adopted this procedure pursuant to our decision in Dean v. Deas, Fla., 116 So.2d 23.
It is so ordered.
THORNAL, C. J., and DREW, O’CON-NELL, CALDWELL and ERVIN, JJ., concur.
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Wesley Constr. Co. v. Yarnell, 268 So. 2d 454 (Fla. 4th DCA 1972)…might have been appropriate for the claimant to have filed his foreclosure proceedings in the case wherein he was cited.” (Emphasis supplied.) At p. 538, 35 So. 2d at p. 647. Gay v. Mujica, Fla.App.1964, 170 So. 2d 83, cert. discharged, Fla. 1965, 178 So. 2d 702, was a suit filed under Section 84.23(4), F.S.1963 (predecessor of 713.21(4) ), to show cause why six liens should not be settled pro rata or canceled. A court order limited the time to enforce the liens. All six of the lienors counterclaimed for en…
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Cnty. OF Dade v. Bass, 237 So. 2d 559 (Fla. 3d DCA 1970)…; Robertson v. State ex rel. Harty, Fla.1970, 233 So. 2d 633. On authority of Dean v. Deas, Fla. 1959, 116 So. 2d 23; Bennett v. Fratus, Fla.1965, 177 So. 2d 335; Bennett v. Fratus, Fla.1965, 177 So. 2d 336; Frewer v. City of Miami Beach, Fla.1965, 178 So. 2d 702, we return jurisdiction of this cause to the circuit court so it may consider further its judgment of reversal in the light of the Supreme Court decisions quashing the decisions relied on by the circuit court. It is so ordered.…
Authorities Cited
- Rabinowitz v. Town OF BAY Harbor Islands, 178 So. 2d 9 (Fla. 1965)
- Lelia S. Dean v. Deas, 116 So. 2d 23 (Fla. 1959)
- Rabinowitz v. Town OF BAY Harbor Islands, 168 So. 2d 583 (Fla. 3d DCA 1964)
- Frewer v. City OF Miami Beach, 170 So. 2d 82 (Fla. 3d DCA 1964)
- Rice v. Dora H. Dobrin et vir, 179 So. 2d 419 (Fla. 1st DCA 1965)