FLORIDA BOARD OF PHARMACY, APPELLANT,
v.
HERBERT LEVIN, APPELLEE
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This case involves a remand from the Florida Supreme Court, directing the District Court of Appeal to vacate its prior judgment and enter a new one consistent with the Supreme Court's opinion. The appellate court then quashed the circuit court's order, reinstating the Florida Board of Pharmacy's original order.
The District Court of Appeal must vacate its prior judgment, adopt the Florida Supreme Court's opinion as its own, and quash the circuit court's order, thereby reinstating the Florida Board of Pharmacy's original order.
“Now, therefore, It is Ordered that the mandate of this court issued -in this cause [*15] on February 2, 1966 is withdrawn, the opinion and judgment of this court filed January 11, 1966 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the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, vacating the order of the Florida Board of Pharmacy there under review, is quashed with directions to reinstate and affirm the said order of the Florida Board of Pharmacy.”
This quote details the specific actions taken by the District Court of Appeal on remand from the Supreme Court.
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Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously affirmed an order of the Circuit Court for Dade County. However, the Florida Supreme Court reviewe…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on January 11, 1966 (181 So.2d 743) affirming the order of the Circuit Court for 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 October 12, 1966 (190 So.2d 768) and mandate dated) October 28, 1966, now lodged in this court, remanded the cause with directions to proceed in accordance with the opinion and judgment of the Supreme Court of Florida;
Now, therefore, It is Ordered that the mandate of this court issued -in this cause *15on February 2, 1966 is withdrawn, the opinion and judgment of this court filed January 11, 1966 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the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, vacating the order of the Florida Board of Pharmacy there under review, is quashed with directions to reinstate and affirm the said order of the Florida Board of Pharmacy. 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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Mack v. Pepper, 192 So. 2d 66 (Fla. 3d DCA 1966)…reviewed the record in the light of these charges, and we find that the first point is without merit. See State ex rel. Williams v. Whitman, 116 Fla. 196, 150 So. 136, 156 So. 705, 95 A.L.R. 1416 (1934); Florida Board of Pharmacy v. Levin, Fla.1966, 192 So. 2d 14 [filed October 12, 1966]. The second point is also without merit. A review of the record reveals evidence to support the finding of the Board under the rules laid down in De Groot v. Sheffield, Fla.1957, 95 So. 2d 912 and Florida State Board of Dent…
Authorities Cited
- Fla. Bd. OF Pharmacy v. Levin, 190 So. 2d 768 (Fla. 1966)
- Fla. Bd. OF Pharmacy v. Levin, 181 So. 2d 743 (Fla. 3d DCA 1966)