BENJAMIN RIVERS HARRELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case involves an appeal that was initially dismissed by the Florida District Court of Appeal but was later reinstated by the Florida Supreme Court. The District Court of Appeal, following the Supreme Court's mandate, vacated its previous dismissal and ordered the case to proceed.
Yes, the Florida District Court of Appeal must reinstate the appeal and proceed with the case as directed by the Florida Supreme Court's mandate.
“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 505) and mandate dated April 21, 1967 now lodged in this court, quashed this court's judgment and remanded the cause for further proceedings;”
This quote establishes the Supreme Court's action that necessitated the District Court's reconsideration.
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 dismissed an appeal from the Criminal Court of Record for Dade County. The Florida Supreme Court r…
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ORDER ON MANDATE
Whereas the judgment of this court was entered on September 14, 1966 (190 So.2d 71(6)) dismissing the above- styled appeal from the Criminal Court of Record for Dade County, Florida; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of *641Florida, by its opinion and judgment filed April 5, 1967 (197 So.2d 505) and mandate dated April 21, 1967 now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings;
Now, therefore, it is ordered that the final order of this court issued in this cause on October 6, 1966 is withdrawn, the judgment of this court filed September 14, 1966, is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the cause shall proceed in accordance with the Florida Appellate Rules, 31 F.S.A. Counsel for appellee shall file his brief within twenty (20) days from this date.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Harrell v. State, 197 So. 2d 505 (Fla. 1967)
- State v. Dunlevie, 190 So. 2d 71 (Fla. 4th DCA 1966)
- Cantor v. JAY Glynn TAX Advisor Co., Inc., 190 So. 2d 71 (Fla. 3d DCA 1966)