FLORIDA EAST COAST RAILWAY COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
RUBY ROUSE, APPELLEE
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This case involves a procedural order from the Florida District Court of Appeal, Third District, following a mandate from the Florida Supreme Court. The Supreme Court quashed the appellate court's prior judgment and remanded the case for a new trial, leading this court to vacate its previous decision and reverse the lower court's judgment.
The District Court of Appeal must vacate its prior judgment, make the Supreme Court's opinion and judgment its own, reverse the judgment of the Circuit Court, and remand the cause for a new trial.
“quashed this court's judgment, without prejudice, and remanded the cause with directions to remand for a new trial”
Describes the Supreme Court's action and directive.
Previewing 1 of 2 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 judgment from the Circuit Court of Dade County. Upon review by certiorari, the Supreme …
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 October 12, 1965 (178 So.2d 882) affirming the 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 *612Florida, by its opinion and judgment dated January 9, 1967 (194 So.2d 260) and mandate dated February 14, 1967 now lodged in this court, quashed this court’s judgment, without prejudice, and remanded the cause with directions to remand for a new trial;
Now, therefore, It is Ordered that the mandate of this court issued in this cause on October 25, 1965 is withdrawn, the opinion and judgment of this court entered on October 12, 1965 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made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 judgment of the Circuit Court appealed from in this cause is reversed and the cause is remanded for new trial. 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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Williams v. State, 372 So. 2d 64 (Fla. 1979)…rdingly, the writ must be and is hereby discharged and the petition for writ of certiorari is dismissed. See Linder v. Combustion Engineering, Inc., 342 So. 2d 474 (Fla.1977); Florida East Coast Railway v. Rouse, 194 So. 2d 260 (Fla.), conformed to, 195 So. 2d 611 (Fla. 3d DCA 1967); Weedman v. Sunland Roller Rink, Inc., 349 So. 2d 752 (Fla. 3d DCA 1977). It is so ordered. ENGLAND, C. J., and BOYD, SUND-BERG, HATCHETT and ALDERMAN, JJ., concur.…
Authorities Cited
- Fla. E. Coast Ry. Co. v. Rouse, 194 So. 2d 260 (Fla. 1966)
- Fla. E. Coast Ry. Co. v. Rouse, 178 So. 2d 882 (Fla. 3d DCA 1965)