JAMES HARTNETT AND BLANCHE HARTNETT, APPELLANTS,
v.
SOUTHERN INSURANCE COMPANY, APPELLEE
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This case involves a procedural maneuver where the Florida District Court of Appeal, Third District, vacated its prior judgment affirming a summary judgment. This action was taken after the Florida Supreme Court quashed the district court's decision and remanded the case for further proceedings consistent with the Supreme Court's opinion.
The District Court of Appeal held that it must vacate its previous judgment, withdraw its mandate, and make the Supreme Court's opinion and judgment the judgment of the district court, thereby reversing the lower court's summary judgment.
“quashed this court's judgment of affirmance and remanded the cause for further proceedings consistent with the said judgment and opinion of the Supreme Court of Florida”
This quote explains the action taken by the Supreme Court that necessitated the current proceedings in the District Court of Appeal.
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 summary judgment granted by the Civil Court of Record. Subsequently, the Florida Supreme Court …
The full statement of facts, procedural history, and disposition for this case are member content.
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on February 9, 1965 (171 So.2d 439), affirming the summary judgment of the Civil Court of Record in and for 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 December 15, 1965 (181 So.2d 524) and mandate dated January 13, 1966, now lodged in this court, quashed this court’s judgment of affirmance and remanded the cause for further proceedings consistent with the said judgment and opinion of the Supreme Court of Florida;
Therefore, It is Ordered that the mandate of this court issued in this cause on February 24, 1965 is withdrawn, the judgment of this court filed on February 9, 1965 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and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 summary judgment of the civil court appealed from' in this cause is reversed for further proceedings; costs allowed shall be taxed in the civil court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hartnett v. S. Ins. Co., 181 So. 2d 524 (Fla. 1965)
- Hartnett v. S. Ins. Co., 171 So. 2d 439 (Fla. 3d DCA 1965)