BELMONT MORTGAGE CORPORATION, A FLORIDA CORPORATION, APPELLANT,
v.
SOUTHERN REALTY & UTILITIES CORP., A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE
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This case involves a procedural maneuver where the Florida District Court of Appeal, Third District, vacated its prior judgment and affirmed the trial court's order, following a mandate from the Florida Supreme Court that quashed the appellate court's initial reversal.
The District Court of Appeal must comply with the mandate of the Florida Supreme Court. Therefore, its prior judgment is vacated, and the trial court's order is affirmed.
“Whereas, on review of this court's judgment by certiorari, the Supreme Court of Florida, by its opinion and judgment filed April 20, 1966 (186 So. 2d 24) and mandate dated May 26, 1966, now lodged in this court, quashed this court's judgment with directions to affirm the order of the trial court;”
This quote establishes the Supreme Court's action and its directive to the District Court of Appeal.
Previewing 1 of 2 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 reversed an order from the Circuit Court of Dade County. However, the Florida Supreme Court reviewed this …
The full statement of facts, procedural history, and disposition for this case are member content.
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ORDER ON MANDATE
Before HENDRY, C. J., and PEARSON and BARKDULL, JJ.
Whereas, the judgment of this court was entered on February 23, 1965 (172 So.2d 522) reversing the order 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 April 20, 1966 (186 So.2d 24) and mandate dated May 26, 1966, now lodged in this court, quashed this court’s judgment with directions to affirm the order of the trial court;
Now, therefore, it is ordered that the mandate of this court issued on March 16, 1965 is withdrawn, the opinion and judgment filed February 23, 1965 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the order of the circuit court appealed from in this cause is affirmed. Costs allowed shall be taxed in the circuit court (Rule 3.16(b) Florida Appellate Rules, 31 F.SiA.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- S. Realty & Utils. Corp. v. Belmont Mortg. Corp., 186 So. 2d 24 (Fla. 1966)
- S. Cross Bayou Sanitary Dist. v. Bd. of Pub. Instruction of Pinellas Cnty., 172 So. 2d 522 (Fla. 2d DCA 1965)
- Belmont Mortg. Corp. v. S. Realty & Utils. Corp., 172 So. 2d 522 (Fla. 3d DCA 1965)