ABC LIQUORS, INC., AND REN MORRIS, AS DIRECTOR OF THE BEVERAGE DEPARTMENT OF THE STATE OF FLORIDA, APPELLANTS,
v.
STATE OF FLORIDA ON THE RELATION OF FRANK M. WOLFE, CITIZEN OF THE MUNICIPALITY OF COCOA BEACH, FLORIDA, APPELLEE; REN MORRIS, AS DIRECTOR OF THE BEVERAGE DEPARTMENT OF THE STATE OF FLORIDA, AND ABC LIQUORS, INC., APPELLANTS, V. STATE OF FLORIDA ON THE RELATION OF FRANK M. WOLFE, CITIZEN OF THE MUNICIPALITY OF COCOA BEACH, FLORIDA, APPELLEE

Fla. 1st DCA | 1965-10-21
Nos. G-251, G-289
RAWLS, C. J., and CARROLL, DONALD K., J., concur.
179 So. 2d 256 Florida District Court of Appeal, First District (1965) Positive Treatment
Cited by 7 cases

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Holding

The court held that the case should be remanded for reconsideration in light of a new legislative act that purports to validate the license in question.

Facts & Procedural History

The appeal concerned the issuance of a license. Subsequent to the appeal, the Legislature passed a bill purporting to validate the license issuance.…

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Topics
Remand For Reconsideration

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Opinion of the Court
JOHNSON, Judge.

JOHNSON, Judge.

This is an appeal from the Circuit Court, Leon County, Florida, Hugh M. Taylor, J.

Subsequent to the entry of the order appealed, and subsequent to the filing of this appeal, the Legislature has passed Chapter 6S-140S, Laws of Florida, which is a local, advertised bill, purporting to validate the issuance of the license in question.

Our courts have been confronted with similar problems before and the practice of the Supreme Court of Florida has been to remand the whole matter to the lower court for reconsideration in the light of the latest legislative enactment. Northeast Polk County Hospital District v. Snively (Fla.), 162 So.2d 657.

We, therefore, remand this entire cause to lower court for reconsideration and re-determination of the issues that may arise in view of the above cited 1965 Act. If amendments are necessary for orderly consideration of the 1965 Act, the lower court may so grant such amendments to the pleadings.

Remanded, without prejudice, with directions.

RAWLS, C. J., and CARROLL, DONALD K., J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Gen. Cap. Corp. v. TEL Serv. Co., Inc., 212 So. 2d 369 (Fla. 2d DCA 1968)
    …t for reconsideration and redetermination of the issues that may arise in view of the 1965 Act. See Northeast Polk County Hospital District v. Snively, Fla.1964, 162 So. 2d 657; and ABC Liquors, Inc. v. State of Florida ex rel. Wolfe, Fla.App. 1965, 179 So. 2d 256. In reconsidering this case the lower court may allow or decree such amendments or alterations as are appropriate. Upon the lower court’s disposition of the previously mentioned issues, for which purpose we are temporarily relinquishing jurisdictio…
  • Gen. Cap. Corp. v. TEL Serv. Co., Inc., 183 So. 2d 1 (Fla. 2d DCA 1966)
    …rt for reconsideration and redetermination of the issues that may arise in view of the 1965 Act. See Northeast Polk County Hospital District v. Snively, Fla.1964, 162 So. 2d 657; and ABC Liquors, Inc. v. State of Florida ex rel. Wolfe, Fla.App.1965, 179 So. 2d 256. In reconsidering this case the lower court may allow or decree such amendments or alterations as arc appropriate. Upon the lower court’s disposition of the previously mentioned issues, for which purpose we are temporarily relinquishing jurisdictio…
  • Lelekis v. Woodie A. Liles, 240 So. 2d 478 (Fla. 1970)
    …al the court has the discretion, in the interest of justice, to temporarily relinquish jurisdiction for certain specified purposes. Cf. D’Agostino v. Peoples Water and Gas Company (Fla.1955), 78 So. 2d 739; ABC Liquors, Inc. v. State (Fla.App.1965), 179 So. 2d 256; General Capital Corporation v. Tel Service Co. (Fla.App.1968), 212 So. 2d 369. For the reasons above stated it appears that the respondents acted within the orbit of their jurisdiction so the rule nisi heretofore issued is dissolved and the cause—…

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