BEATRICE S. ORLOWITZ, APPELLANT,
v.
ELLIS K. ORLOWITZ, APPELLEE

Fla. 3d DCA | 1967-07-11
Nos. 65-524, 65-533
Before CHARLES CARROLL, C. J., and PEARSON and BARKDULL, JJ.
201 So. 2d 97 Florida District Court of Appeal, Third District (1967)

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Synopsis

This case involves a procedural maneuver where the Florida District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's opinion and judgment after the Supreme Court quashed the District Court's decision. The case was then remanded for further proceedings.


Holding

The District Court of Appeal must vacate its previous judgment, adopt the Supreme Court's opinion and judgment, and remand the case to the chancellor for further proceedings consistent with the Supreme Court's ruling.


Key Quotes

“quashed this court's judgment with directions to remand the cause to the chancellor for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida”

Describes the Supreme Court's directive to the District Court.

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Facts & Procedural History

The District Court of Appeal had previously affirmed a modified final decree. The Supreme Court of Florida reviewed this judgment by certiorari, quash…

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Opinion of the Court
PER CURIAM.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on June 14, 1966 (187 So.2d 670) affirming as modified the final decree and order amending the final decree 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 1, 1967 (199 So.2d 97) and mandate dated June 13, 1967, now lodged in this court, quashed this court’s judgment with directions to remand the cause to the chancellor for further proceedings consistent with 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Now, therefore, It is Ordered that the mandate of this court issued in this cause on June 30, 1966 is withdrawn, the opinion and judgment of this court filed June 14, 1966 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 this cause is reversed and remanded to the chancellor for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the circuit court (Rule 3.16(b) Florida Appellate Rules, 31 F.S.A.).


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