RAYDEL, LTD., A CORPORATION, AND ALICE ROSS SOPER, APPELLANTS,
v.
RACHEL MEDCALFE, 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 Supreme Court of Florida's decision after the Supreme Court quashed the district court's initial ruling. The case is remanded for further proceedings consistent with the Supreme Court's opinion.
The District Court of Appeal must vacate its previous judgment, adopt the Supreme Court of Florida's opinion and judgment as its own, and reverse the lower court's judgment, remanding the case for further proceedings consistent with the Supreme Court's ruling.
“quashed this court's judgment with directions that the cause be remanded for further proceedings not inconsistent with the said opinion and judgment of the Supreme Court of Florida”
Describes the Supreme Court's action and directive to the lower court.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a lower court's judgment. However, the Supreme Court of Florida reviewed this decision by certior…
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Whereas, the judgment of this court was entered on April 14, 1964 (162 So.2d 910) affirming the judgment of the Circuit Court of 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 *125July 7, 1965 (178 So.2d 569) and mandate dated October 18, 1965, now lodged in this court, quashed this court’s judgment with directions that the cause be remanded for further proceedings not inconsistent 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Therefore, it is Ordered that the mandate of this court issued in this cause on May 4, 1964 is withdrawn, the judgment of this court filed April 14, 1964 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment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 judgment of the circuit court appealed from ’in this cause is reversed and the cause is remanded for further proceedings not inconsistent with the said 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
- Raydel, Ltd. v. Medcalfe, 178 So. 2d 569 (Fla. 1965)
- Raydel, Ltd. v. Medcalfe, 162 So. 2d 910 (Fla. 3d DCA 1964)