NICHOLAS C. SARDELL AND MARIE H. SARDELL, HIS WIFE, APPELLANTS,
v.
GARY MALANIO, APPELLEE
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This case involves a procedural maneuver where the Florida District Court of Appeal vacated its prior judgment and adopted the Supreme Court of Florida's decision after the Supreme Court quashed the district court's affirmance. The district court reversed its own prior ruling and remanded the case.
The District Court of Appeal vacated its prior judgment, adopted the Supreme Court of Florida's opinion and judgment, reversed the order of the circuit court that it had previously affirmed, and remanded the cause for further proceedings.
“quashed this court's judgment of affirmance and remanded the cause for further proceedings”
Describes the action taken by the Supreme Court of Florida on review.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed an order of the Circuit Court. However, the Supreme Court of Florida reviewed this judgment by ce…
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ORDER ON MANDATE
WHEREAS, the judgment of this court was entered on June 14, 1966 (189 So.2d 393) affirming the order of the Circuit Court of Dade County, Florida, appealed from 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 September 27, 1967 (202 So.2d 746) and mandate dated October 13, 1967, now lodged in this court, quashed this court’s judgment of affirmance and remanded the cause for further proceedings;
NOW, THEREFORE, It is Ordered that the mandate of this court issued in this cause on September 7, 1966 is withdrawn, the opinion and judgment of this court filed June 14, 1966 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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, the order of the circuit court appealed from is reversed and the cause is remanded for further proceedings in accordance 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, 32 F.S.A.).
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Citator
Cited By (18 total)
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Winn-Dixie Stores, Inc. v. Robinson, 472 So. 2d 722 (Fla. 1985)…is indicated on the part of the trial judge. McAllister Hotel, Inc. v. Porte, 123 So. 2d 339 (Fla.1960); Cobb v. Brew, 155 So. 2d 814 (Fla.App. 1st, 1963); Mansell v. Eidge, 179 So. 2d 624 (Fla.App. 3d 1965); and Florida Power Corporation v. Smith, 202 So. 2d 872 (Fla.App. 2d 1967). When a trial judge grants a motion for remittitur based on the evidence, his order should provide an explanation founded in the record. Wackenhut Corp. v. Canty, 359 So. 2d 430 (Fla.1978). The trial court’s original order on the…
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Nova v. State, 439 So. 2d 255 (Fla. 3d DCA 1983)…of an accused to a trial by jury is one of the most fundamental rights guaranteed by our system of government,” Floyd v. State, 90 So. 2d 105, 106 (Fla.1956), and is the cornerstone of a fair and impartial trial, Florida Power Corporation v. Smith, 202 So. 2d 872 (Fla. 2d DCA 1967), an infringement of that right constitutes fundamental error. Such an infringement, and thus fundamental error, occurs not only when an accused is made to proceed to trial with no jury at all, but, as well, when he is made to proc…
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N. Dade Imported Motors, Inc. v. Brundage Motors, Inc., 221 So. 2d 170 (Fla. 1st DCA 1969)…2d 23 (Fla.App.2d 1966). . Tye v. Ruark, 179 So. 2d 612 (Fla.App.2d 1965). . Spearman Distributing Company v. Boyette, 205 So. 2d 690 (Fla.App.1st 1968). . Warner v. Goding, 91 Fla. 260, 107 So. 406 (1926). . Florida Power Corporation v. Smith, 202 So. 2d 872 (Fla.App.2d 1967). . Russo v. Clark, 147 So. 2d 1 (Fla.1962). . McAllister Hotel, Inc. v. Porte, 123 So. 2d 339 (Fla.1960); Cobb v. Brew, 155 So. 2d 814 (Fla.App.1st 1963), . Park v. Belford Trucking Co., 165 So. 2d 819 (Fla.App.3d 1964).…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sardell v. Malanio, 202 So. 2d 746 (Fla. 1967)
- Sardell v. Malanio, 189 So. 2d 393 (Fla. 3d DCA 1966)