JOSEPH VISINGARDI, APPELLANT,
v.
ANTONIO TIRONE, SHELBY BOGESS, AND ST. FRANCIS HOSPITAL, INC., A FLORIDA NON-PROFIT CORPORATION, APPELLEES
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This case involves a procedural update where the Florida District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's decision, which reversed the lower court's summary final judgments and remanded the case for further proceedings.
The District Court of Appeal must vacate its prior judgment, adopt the Supreme Court's opinion and judgment, reverse the lower court's summary final judgments, and remand the case for further proceedings.
“quashed this court's judgment and remanded the cause for further proceedings not inconsistent with the said opinion and judgment of the Supreme Court of Florida”
Describes the Supreme Court's action on review.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed summary final judgments from the Circuit Court. However, the Florida Supreme Court quashed the Di…
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 August 3, 1965 (178 So.2d 135) affirming the summary final judgments 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 November 23, 1966 (193 So.2d 601) and mandate dated February 3, 1967, now lodged in this court, quashed this court’s *922judgment and remanded the cause for further proceedings not inconsistent 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Now, therefore, It is Ordered that the mandate of this court issued in this cause on September 10, 1965 is withdrawn, the opinion and judgment of this court filed on August 3, 1965 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the summary final judgments of the circuit court appealed from are reversed and the cause is remanded for further proceedings not inconsistent with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in,the circuit (Rule 3.16(b) Florida Appellate Rules, 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Visingardi v. Tirone, 193 So. 2d 601 (Fla. 1966)
- Visingardi v. Tirone, 178 So. 2d 135 (Fla. 3d DCA 1965)