E. W. WRIGHT, AS TAX COLLECTOR, OF DADE COUNTY, FLORIDA, SAM L. ELCOOK, AS TAX ASSESSOR OF DADE COUNTY, FLORIDA, AND RAY E. GREEN AS COMPTROLLER OF THE STATE OF FLORIDA, APPELLANTS,
v.
REYNOLDS FASTENERS, INC., A NEW YORK CORPORATION, APPELLEE
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This case involves a procedural update where the Florida District Court of Appeal modified its prior judgment to conform with a Supreme Court of Florida ruling. The Supreme Court had reviewed the District Court's decision to reverse a summary final decree, ultimately affirming the District Court's judgment as modified.
The District Court of Appeal is ordered to withdraw its previous mandate and judgment, vacate any conflicting portions, and adopt the Supreme Court of Florida's modified opinion and judgment as its own.
“Now, therefore, It is Ordered that the mandate of this court issued in this cause on April 20, 1966 is withdrawn, the opinion and judgment of this court filed in this cause on March 22, 1966, insofar as it is in conflict with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida dated March 22, 1967, aforesaid, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court.”
This quote establishes the court's order to conform its previous judgment to the Supreme Court's ruling.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously reversed a summary final decree and directed dismissal of the cause. The Supreme Court of Florida reviewed…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on March 22, 1966 (184 So.2d 699) reversing the summary final decree of the Circuit Court of Dade County, Florida, with directions to dismiss the cause; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed March 22, 1967 (197 So.2d 295) and mandate dated April 25, 1967, now lodged in this court, affirmed this court’s judgment as modified by 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Now, therefore, It is Ordered that the mandate of this court issued in this cause on April 20, 1966 is withdrawn, the opinion and judgment of this court filed in this cause on March 22, 1966, insofar as it is in conflict with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida dated March 22, 1967, aforesaid, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The opinion and judgment of this court, except as withdrawn and vacated is adhered to. Costs allowed shall be taxed in the circuit court (Rule 3.16(b) Florida Appellate Rules, 31 F.S.A.).
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Am. Sec. Ins. Co. v. Perry, 201 So. 2d 893 (Fla. 1967)…Certiorari denied without opinion. 198 So. 2d 86.…
Authorities Cited
- Wright v. Reynolds Fasteners, Inc., 184 So. 2d 699 (Fla. 3d DCA 1966)
- Reynolds Fasteners, Inc. v. Wright, 197 So. 2d 295 (Fla. 1967)