DICK RUDISILL
v.
FRANKLIN W. TYLER

Fla. | 1936-08-03
Ellis, P. J., and Terrell and Buford, J. J., concur., Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.
125 Fla. 154 Florida Supreme Court (1936) Positive Treatment
Also reported at: 169 So. 614
Cited by 3 cases
Opinion of the Court
Per Curiam.

Per Curiam.

— This is the second appearance of this case in this Court. See Tyler v. Rudisill, 114 Fla. 801, 155 Sou. 353.

The opinion adopted by this Court, supra, became the law of the case. The court below applied the law as stated in that opinion in the subsequent proceedings in the court below and judgment was' rendered accordingly.

*155It follows that the judgment be affirmed.

So ordered.

Affirmed

Ellis, P. J., and Terrell and Buford, J. J., concur.

Whitfield, C. J., and Brown and Davis, J. J., concur in the opinion and judgment.

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Cited By

  • Higbee v. Hous. Auth. of Jacksonville, 143 Fla. 560 (Fla. 1940)
    …contention of counsel. It is well established law that all points adjudicated by an appellate court upon appeal or writ of error become the law of the case and are no longer open to discussion or consideration. See Rudisill v. Tyler, 125 Fla. 154, 169 So. 614; Family Loan Co. v. Smetal Corporation, 123 Fla. 900, 169 So. 48; Utley v. City of St. Petersburg. The law of the case is the question of law decided on appeal to courts of ultimate resort and must govern in the same courts and trial courts and will…

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