JOHN SCANLON, APPELLANT,
v.
EDWARD T. LITT, M.D., APPELLEE
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This case involves a procedural maneuver where the Florida District Court of Appeal vacated its prior judgment and adopted the opinion of the Florida Supreme Court, reversing a summary judgment and remanding the case for further proceedings.
Yes, the District Court of Appeal must vacate its prior judgment and adopt the ruling of the Florida Supreme Court, reversing the lower court's summary judgment and remanding the case.
“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”
Describes the action taken by the Florida Supreme Court on review.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a summary judgment. However, the Florida Supreme Court quashed this judgment on review by certior…
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ORDER ON MANDATE
WHEREAS, the judgment of this court was entered on June 29, 1965 (176 So.2d 557) 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 November 9, 1966 (191 So.2d 553) and mandate dated November 28, 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NOW, THEREFORE, It is Ordered that the mandate of this court issued in this cause on July 15, 1965 is withdrawn, the opinion and judgment of this court filed on June 29, 1965 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Scanlon v. Edward T. Litt, M.D., 191 So. 2d 553 (Fla. 1966)
- Scanlon v. Edward T. Litt, M.D., 176 So. 2d 557 (Fla. 3d DCA 1965)