KERRY FRANCOIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE; LEROY WALKER, APPELLANT, V. THE STATE OF FLORIDA, APPELLEE
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This case involves a procedural reversal where the Florida District Court of Appeal, Third District, vacated its prior judgment and affirmed the lower court's decision, following a mandate from the Florida Supreme Court. The Supreme Court had quashed the appellate court's initial reversal and directed affirmation of the trial court's judgments.
The District Court of Appeal must comply with the mandate of the Florida Supreme Court. Therefore, the appellate court's prior judgment is vacated, and the judgments of the circuit court are reinstated and affirmed.
“quashed this court's judgment and remanded the causes with directions to affirm the judgments of the lower court”
Describes the action taken by the Florida Supreme Court.
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Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously reversed judgments from the Circuit Court for Dade County. Upon review by certiorari, the Florida …
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 June 14, 1966 (188 So.2d 7) reversing the 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 April 5, 1967 (197 So.2d 492) and mandate dated April 21, 1967 now lodged in this court quashed this court’s judgment and remanded the causes with directions to affirm the judgments of the lower court;
Now, therefore, It is Ordered that the mandate of this court issued in these causes on July 15, 1966 is withdrawn, the opinion and judgment of this court filed June 14, 1966 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the judgments of the circuit court appealed from in these causes are reinstated and affirmed. Costs allowed shall be taxed in the Circuit Court (Rule 3.16(b) Florida Appellate Rules, 31 F.S.A.).
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Hollywood, Inc. v. City OF Hollywood, 321 So. 2d 65 (Fla. 1975)…ment only. DEKLE, J., dissents. . Article V, Section 3(b)(3), Florida Constitution. . 131 Fla. 759, 179 So. 765 (Fla.1938). . 74 So. 2d 883 (Fla.1954). . 65 So. 2d 849 (Fla.1953). . 87 So. 2d 97 (Fla.1956). . 174 So. 2d 590 (Fla.App.1965). . 198 So. 2d 360 (Fla.App.1967), cert. den., Fla., 204 So. 2d 330. . 200 So. 2d 826 (Fla.App.1967), cert. disch., Fla., 217 So. 2d 297. . 64 So. 2d 154 (Fla.1953). . 100 So. 2d 669 (Fla.App.1958), cert. den., Fla., 102 So. 2d 728. . 100 So. 2d 57 (Fla.1958). .…
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Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Trujillo v. State, 197 So. 2d 492 (Fla. 1967)
- Francois v. State, 188 So. 2d 7 (Fla. 3d DCA 1966)