ELLEN MORGAN HOLL, AN INCOMPETENT, BY AND THROUGH HER HUSBAND AND GUARDIAN, WILLIAM E. HOLL, INDIVIDUALLY, AND CENTRAL BANK & TRUST CO., SUBSTITUTED GUARDIAN, APPELLANTS,
v.
LEROY E. TALCOTT, JR., DONALD ANDRUS, GEORGE C. AUSTIN AND VICTORIA HOSPITAL, INC., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves a reversal of a prior summary judgment based on a Florida Supreme Court mandate. The appellate court vacated its previous decision and remanded the case for further proceedings consistent with the Supreme Court's ruling.
Yes, the summary judgment is reversed, and the case is remanded for further proceedings consistent with the Florida Supreme Court's opinion.
“quashed this court's judgment and remanded the cause for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida”
This quote explains the action taken by the Florida Supreme Court that necessitated the current court's reconsideration.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case originated with a summary judgment in the Circuit Court of Dade County. This court initially affirmed that judgment. However, the Florida Sup…
The full statement of facts, procedural history, and disposition for this case are member content.
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on February 2, 1965 (Fla.App., 171 So.2d 412) affirming the summary judgment 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 June 1, 1966 (191 So.2d 40) and mandate dated November 7, 1966, now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings consistent 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Now, therefore, It is Ordered that the mandate of this court issued in this cause *77on February 23, 1965 is withdrawn, the opinion and judgment of this court filed on February 2, 1965 -is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The summary judgment of the circuit' court appealed from is-reversed and the cause is remanded for further proceedings in accordance with the 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.).
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Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Holl v. Talcott, 171 So. 2d 412 (Fla. 3d DCA 1965)