THE EXCHANGE NATIONAL BANK OF CHICAGO, A UNITED STATES BANKING CORPORATION, APPELLANT,
v.
ALBERT COLE AND FRIEDA L. COLE, HIS WIFE, APPELLEES
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The Florida District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's opinion, affirming the lower court's decree but preserving the bank's right to pursue endorsers.
The District Court of Appeal vacated its prior judgment and adopted the Supreme Court's opinion, thereby affirming the circuit court's final decree. The bank's right to proceed against endorsers was preserved.
“Now, therefore, it is ordered that the mandate of this court issued on April 1, 1964 is withdrawn, the opinion and judgment of this court filed March 17, 1964, 161 So. 2d 715, is vacated, the opinion and judgment of the Supreme Court of Florida in this cause, 183 So. 2d 195, is herewith made the opinion and judgment of this court and the final decree of the circuit court appealed from in this cause is affirmed”
This quote details the court's action in vacating its prior ruling and adopting the Supreme Court's judgment.
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Join FLexlaw to unlock all legal intelligenceThe Exchange National Bank of Chicago appealed a final decree from the Circuit Court of Dade County. This court initially reversed the decree, but the…
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Whereas, the judgment of this court was entered on March 17, 1964 (161 So.2d 715) reversing the final decree of the Circuit Court of 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 January 19, 1966 and mandate dated March 9, 1966, now lodged in this court, reversed and remanded the cause for further proceedings not inconsistent with the said opinion of the Supreme Court of Florida but without prejudice to the right of the bank to proceed against the endorsers;
Now, therefore, it is ordered that the mandate of this court issued on April 1, 1964 is withdrawn, the opinion and judgment of this court filed March 17, 1964, 161 So.2d 715, is vacated, the opinion and judgment of the Supreme Court of Florida in this cause, 183 So.2d 195, is herewith made the opinion and judgment of this court and the final decree of the circuit court appealed from in this cause is affirmed but *725without prejudice to the right of the hank to proceed against the endorsers. 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
- Cole v. The Exch. Nat'l Bank OF Chicago, 183 So. 2d 195 (Fla. 1966)
- The Exch. Nat'l Bank OF Chicago v. Cole, 161 So. 2d 715 (Fla. 3d DCA 1964)