NOLA BRADFORD SCOTT, AS EXECUTRIX OF THE WILL OF BYRON B. FREELAND, A/K/A B. B. FREELAND, DECEASED, APPELLANT,
v.
HELEN GRATIGNY, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves a procedural maneuver where the Florida District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's decision after the Supreme Court quashed the appellate court's affirmance of a summary judgment. The case was then reversed for further proceedings.
The District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's opinion and judgment, thereby reversing the summary judgment of the circuit court.
“quashed this court's judgment of affirmance and remanded the cause for further proceedings not inconsistent with the said opinion and judgment of the Supreme Court of Florida”
Describes the action taken by the Florida Supreme Court on review.
Previewing 1 of 3 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. However, the Florida Supreme Court reviewed this decision by certiorari, quas…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mandate Of The Supreme Court cases and more on FLexlaw
Whereas, the judgment of this court was entered on July 7, 1964 (166 So.2d 816) affirming the summary judgment of the Circuit Court of the Eleventh Judicial Circuit 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 October 13, 1965 (182 So.2d 425) and mandate dated February 22, 1966, now lodged in this court, quashed this court’s judgment of affirmance and remanded the cause for further proceedings not inconsistent 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Now, therefore, it is ordered that the mandate of this court issued in this cause on September 10, 1964, is withdrawn, the judgment of this court filed July 7, 1964 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment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 summary judgment of the circuit court appealed from in this cause is reversed 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
- In re Est. of Byron B. Freeland v. Gratigny, 182 So. 2d 425 (Fla. 1965)
- Nola Bradford Scott v. Gratigny, 166 So. 2d 816 (Fla. 3d DCA 1964)