HARRY KLEINMAN, D/B/A COLLINS GLASS & MIRROR CO., AND EASTERN ERECTORS, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
BAL HARBOUR TOWERS, INC., SUPERIOR WINDOW CO., A FLORIDA CORPORATION, AND AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, APPELLEES
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This case involves a prior appellate decision that was reviewed by the Florida Supreme Court. The District Court of Appeal is now amending its own judgment to conform to the Supreme Court's ruling, effectively adopting the Supreme Court's opinion as its own.
The District Court of Appeal must withdraw and vacate its prior judgment to the extent it conflicts with the Supreme Court's opinion and adopt the Supreme Court's opinion and judgment as its own.
“NOW, THEREFORE, It is Ordered that the mandate issued in this cause on August 8, 1966 is withdrawn, the opinion and judgment of this court, filed in this cause on June 14, 1966 insofar as it is in conflict [*212] with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida dated April 12, 1967, aforesaid, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court.”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 action in withdrawing its prior judgment and adopting the Supreme Court's ruling.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a partial final decree. The Florida Supreme Court reviewed this decision and issued its own opini…
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ORDER ON MANDATE
WHEREAS, the judgment of this court was entered on June 14, 1966 (Fla.App., 188 So.2d 398) affirming the Partial Final Decree 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 Florida, by its opinion and judgment filed April 12, 1967, 198 So.2d 830 and mandate dated June 6, 1967, now lodged in this court, affirmed in part, reversed in part and remanded the cause for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida,
NOW, THEREFORE, It is Ordered that the mandate issued in this cause on August 8, 1966 is withdrawn, the opinion and judgment of this court, filed in this cause on June 14, 1966 insofar as it is in conflict
*212with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida dated April 12, 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.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kleinman v. BAL Harbour Towers, Inc., 198 So. 2d 830 (Fla. 1967)
- Kleinman v. BAL Harbour Towers, Inc., 188 So. 2d 398 (Fla. 3d DCA 1966)