THE STATE OF FLORIDA, APPELLANT,
v.
FRANCIS S. HOUGHTALING, LAWRENCE M. RIPLEY, AND NESTOR E. HOUGHTALING, APPELLEES
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This case involves a procedural update where the Florida District Court of Appeal adopted the Florida Supreme Court's judgment after the Supreme Court reviewed the District Court's prior decision. The District Court's earlier ruling was partially vacated and modified to align with the Supreme Court's opinion.
The District Court of Appeal must withdraw its previous mandate and judgment insofar as they conflict with the Supreme Court's opinion, adopt the Supreme Court's judgment as its own, and proceed accordingly.
“the judgment of this court was entered on April 13, 1965 (173 So. 2d 748) affirming in part and reversing in part the order of the Criminal Court of Record for Dade County, Florida in the above styled cause”
Describes the initial ruling by the District Court of Appeal that was subject to review.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed in part and reversed in part an order from the Criminal Court of Record. The Supreme Court of Flo…
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Whereas, the judgment of this court was entered on April 13, 1965 (173 So.2d 748) affirming in part and reversing in part the order of the Criminal Court of Record 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 1, 1965 (181 So.2d 636) and mandate dated February 1, 1966, now lodged in this court, reversed in part and affirmed in part this court’s judgment and remanded the cause for further proceedings consistent with the said opinion and judgment of the-Supreme Court of Florida;
Now, therefore, It is Ordered that the mandate of this court issued in this cause-on April 30, 1965 is withdrawn, the judgment of this court filed April 13, 1965, insofar as it is in conflict with the opinion and judgment of the Supreme Court of Florida, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The opinion and judgment of this court, except as withdrawn and vacated, as aforesaid, is adhered to and the order of the criminal court of record appealed from in this cause is reversed; costs allowed shall be taxed in the Criminal Court of Record (Rule 3.16 b, Florida Appellate Rules, 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Houghtaling, 181 So. 2d 636 (Fla. 1965)
- State v. Houghtaling, 173 So. 2d 748 (Fla. 3d DCA 1965)