CITY OF HIALEAH, A MUNICIPALITY AND O. HARRIS, APPELLANTS,
v.
JAMES HUTCHINS, 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 Florida Supreme Court's decision, directing the trial court to retry only the issue of damages.
The District Court of Appeal adopted the Supreme Court's judgment, vacating its own prior ruling and reversing the circuit court's final judgment with directions to retry only the issue of damages.
“quashed this court's judgment with directions to proceed in the trial court [*835] from the point where retrial was ordered on the issue of damages only”
This quote explains the Supreme Court's directive that the District Court of Appeal must follow.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously reversed a final judgment from the Circuit Court. However, the Florida Supreme Court quashed the District …
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on July 26, 1966 (189 So.2d 165) reversing the final judgment 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 March 15, 1967 (196 So.2d 741) and mandate dated April 5, 1967, now lodged in this court, quashed this court’s judgment with directions to proceed in the trial court *835from the point where retrial was ordered on the issue of damages only;
Now, therefore, it is ordered that the mandate of this court issued in this cause on August 11, 1966 is withdrawn, the opinion and judgment of this court entered on July 26, 1966 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 final judgment of the circuit court appealed from in this cause is reversed with directions to proceed from the point where retrial was ordered on the issue of damages only in accordance with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the circuit court (Rule 3.16(h) Florida Appellate Rules, 31 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hutchins v. City OF Hialeah, 196 So. 2d 741 (Fla. 1967)
- City OF Hialeah v. Hutchins, 189 So. 2d 165 (Fla. 3d DCA 1966)