AINSLEY REALTY CO., A FLORIDA CORPORATION, APPELLANT,
v.
RICHARD I. KRAMER, APPELLEE

Fla. 3d DCA | 1966-09-27
No. 65-329
Before HENDRY, C. J., and CARROLL and SWANN, JJ.
189 So. 2d 904 Florida District Court of Appeal, Third District (1966)

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Synopsis

The Florida District Court of Appeal reinstated an appeal that it had previously dismissed, following a mandate from the Florida Supreme Court. The Supreme Court quashed the dismissal, directing the appellate court to reinstate the appeal.


Holding

Yes, the appellate court must reinstate the appeal as directed by the Supreme Court's mandate.


Key Quotes

“quashed this court's judgment of dismissal with directions to reinstate the appeal”

Describes the Supreme Court's action regarding the appellate court's prior dismissal.

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Facts & Procedural History

The appellate court had dismissed an appeal from a lower court judgment. The Supreme Court of Florida reviewed this dismissal by certiorari and quashe…

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Opinion of the Court
PER CURIAM.

ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on October 26, 1965 (179 So.2d 630) dismissing this appeal from the Circuit Court of Dade County, Florida;

WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 27, 1966 (189 So.2d 609) and mandate dated September 20, 1966, now lodged in this court, quashed this court’s judgment of dismissal with directions to reinstate the appeal;

*905IT IS, THEREFORE, Ordered that the judgment of this court dated October 26, 1965, dismissing this appeal is vacated and this appeal is hereby reinstated. The said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and appellee’s motion to dismiss is hereby denied.

Appellee shall file his brief on the merits of this cause within twenty (20) days from this date.

Costs allowed shall be taxed in the circuit court following the issuance of this court’s mandate. (Rule 3.16(b) Florida Appellate Rules, 31 F.S.A.


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