BOULEVARD NATIONAL BANK OF MIAMI, A NATIONAL BANKING CORPORATION, APPELLANT,
v.
GULF AMERICAN LAND CORPORATION, A FLORIDA CORPORATION, APPELLEE
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This case involves a procedural update where the Florida Supreme Court quashed a prior appellate court judgment, leading this court to vacate its own judgment and adopt the Supreme Court's ruling. The case is remanded for further proceedings.
This court must vacate its previous judgment, adopt the Supreme Court's opinion and judgment, reverse the circuit court's summary judgment, and remand the cause for further proceedings.
“quashed this court's judgment and remanded the cause for further proceedings in accordance with the said opinion and judgment of the Supreme Court of Florida”
Describes the action taken by the Florida Supreme Court.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously affirmed a summary judgment from the Circuit Court of Dade County. The Florida Supreme Court revie…
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ORDER ON MANDATE
WHEREAS, the judgment of this court was entered on November 2, 1965 (179 So. 2d 584) affirming the final summary judgment of the Circuit Court of Dade County, Florida, in this cause; and
WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 13, 1966, (189 So.2d 628) and mandate dated September 20, 1966, now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings in accordance 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NOW, THEREFORE, It is Ordered that the mandate of this court issued in this cause on November 23, 1965 is withdrawn, the judgment of this court filed November 2, 1965 is vacated, and the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The final summary judgment óf the circuit court appealed from in this cause is reversed and the cause is remanded for further proceedings in accordance 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
Cited By
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Boulevard Nat'l Bank OF Miami v. Gulf Am. Land Corp., 212 So. 2d 17 (Fla. 3d DCA 1968)…ithdrew our mandate and issued a mandate which remanded the cause for “further proceedings in accordance with the * * * ' opinion and judgment of the Supreme Court of Florida.” Boulevard Nat. Bank of Miami v. Gulf Amer. Land Corp., Fla.App.1966, 190 So. 2d 67. A non-jury trial ensued; at its conclusion the trial judge entered extensive findings of fact: “1. On November 29, 1963, Charles F. McKirahan was indebted to the Plaintiff, Boulevard National Bank of Miami, on two promissory notes, each of which…
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Fla. Physicians Ins. Co. v. Richard L. Stern, M.D., 563 So. 2d 156 (Fla. 4th DCA 1990)…established, the amount of prejudice, whether large or small, becomes irrelevant when determining the applicability of the doctrine of estoppel. See Boulevard National Bank of Miami v. Gulf American Land Corp., 189 So. 2d 628 (Fla.1966), on remand, 190 So. 2d 67 (Fla. 3d DCA 1966); Enegren v. Marathon Country Club Condominium West Association, Inc., 525 So. 2d 488 (Fla. 3d DCA 1988). Accordingly, we affirm the trial court’s determination that PPTF is estopped from denying Dr. Stern coverage. Finally, we ho…
Authorities Cited
- Boulevard Nat'l Bank OF Miami v. Gulf Am. Land Corp., 179 So. 2d 584 (Fla. 3d DCA 1965)
- Boulevard Nat'l Bank OF Miami v. Gulf Am. Land Corp., 189 So. 2d 628 (Fla. 1966)