IN RE ESTATE OF WILLIE WILLIAMS, DECEASED. BETTE BARON, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF WILLIE WILLIAMS, DECEASED, APPELLANT,
v.
ELIZABETH WILLIAMS, ADMINISTRATRIX OF THE ESTATE OF WILLIE WILLIAMS, DECEASED, 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 reversed the District Court's affirmance. The case was remanded for further proceedings consistent with the Supreme Court's ruling.
The District Court of Appeal vacated its prior judgment and adopted the Supreme Court of Florida's opinion and judgment as its own, thereby reversing the order of the County Judges' Court.
“WHEREAS, the judgment of this court was entered on February 26, 1965 (172 So. 2d 464) affirming an order of the County Judges' Court 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 (182 So. 2d 10) and mandate dated February 14, 1966, now lodged in this court, reversed this court's judgment of affirmance and remanded the cause for further proceedings consistent with the decision of the Supreme Court of Florida;”
This quote outlines the procedural history leading up to the current order, detailing the prior judgments and the Supreme Court's reversal.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed an order from the County Judges' Court. However, the Supreme Court of Florida reviewed this judgm…
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WHEREAS, the judgment of this court was entered on February 26, 1965 (172 So.2d 464) affirming an order of the County Judges’ Court 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 (182 So.2d 10) and mandate dated February 14, 1966, now lodged in this court, reversed this court’s judgment of affirmance and remanded the cause for further proceedings consistent with the decision of the Supreme Court of Florida;
NOW THEREFORE, It is Ordered that the mandate of this court issued in this cause on March 23, 1965, is withdrawn, the opinion and judgment of this court filed February 26, 1965 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the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 order of the County Judges’ Court appealed from in this cause is reversed for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the County Judges’ Court (Rule 3.16(b) Florida Appellate Rules, 31 F.S.A.).
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Citator
Authorities Cited
- Bonfire Rest. v. Newton Randum, 182 So. 2d 10 (Fla. 1966)
- In re Est. of Willie Williams v. Williams, 172 So. 2d 464 (Fla. 3d DCA 1965)