ELDRED L. TUGGLE AND CATHERINE TUGGLE, HIS WIFE, APPELLANTS,
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLEE
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This case involves a procedural update where the Florida District Court of Appeal vacated its prior judgment and reversed a summary judgment, following a mandate from the Florida Supreme Court. The Supreme Court had quashed the appellate court's initial affirmation of the summary judgment, directing a different outcome.
The Florida District Court of Appeal reversed the summary judgment and remanded the cause for further disposition, adopting the opinion and judgment of the Florida Supreme Court.
“quashed this court's judgment and remanded the cause for disposition in accordance with the said opinion and judgment of the Supreme Court of Florida”
Describes the action taken by the Florida Supreme Court that necessitated the current order.
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Join FLexlaw to unlock all legal intelligenceThe appellants, Eldred L. and Catherine Tuggle, appealed a summary judgment entered against them by the Circuit Court for Dade County. The Florida Dis…
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 April 12, 1966 (185 So.2d 487) affirming the summary judgment 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 January 31, 1968, 207 So.2d 674 and mandate dated March 27, 1968, now lodged in this court, quashed this court’s judgment and remanded the cause for disposition in accordance 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Now, therefore, It is Ordered that the mandate of this court issued in this cause on May 11, 1966 is withdrawn, the opinion and judgment of this court filed in this cause on April 12, 1966 is vacated, the said opinion and judgment of the Supreme Court of Florida is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 summary judgment of the circuit court appealed from is reversed and the cause is remanded to the trial court for further disposition in accordance with the opinion and judgment aforesaid.
As to the matter of petitioners’ attorney fees, it is ordered that the attorneys of record for petitioners are hereby allowed $750.00 as compensation for the services of said attorneys in the cause in this court. Costs allowed shall be taxed in the trial court (Rule 3.16(b) Florida Appellate Rules, 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co., 220 So. 2d 355 (Fla. 1969)…rewith. It is so ordered. ERVIN, C. J., and ROBERTS, THOR-NAL AND CALDWELL (Retired), JJ., concur. . Tuggle v. Gov’t Employees Ins. Co., 185 So. 2d 487. . Tuggle v. Gov’t Employees Ins. Co., 207 So. 2d 674. . Tuggle v. Gov’t Employees Ins. Co., 208 So. 2d 865.…
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Hopkins v. State, 227 So. 2d 53 (Fla. 2d DCA 1969)…ents and sentences by the trial court, the Supreme Court of the United States filed its opinion in Rainwater v. Fla., 390 U.S. 196, 88 S.Ct. 900, 19 L.Ed.2d 1037. Also the Third District Court of Appeal filed its opinion in Rainwater v. State, App., 208 So. 2d 865, subsequent to the rendition of the judgments and sentences appealed. The case sub judice and the two cases cited above are generally analogous and inasmuch as the trial court did not have the benefit of the said opinions at the time of the trial of…
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Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co., 221 So. 2d 440 (Fla. 3d DCA 1969)…ecision and judgment of that court quashing a portion of a prior decision and judgment of this court. Tug [*441] gle v. Gov’t Employees Ins. Co., 220 So. 2d 355, opinion filed March 9, 1969. By our prior decision, Tuggle v. Gov’t Employees Ins. Co., 208 So. 2d 865, we awarded $750.00 to counsel of record for Tuggle for services in this court. In accord with the directive of the judgment of the Supreme Court of Florida that portion of our prior decision and judgment above referred to is hereby vacated and set…
Authorities Cited
- Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co., 207 So. 2d 674 (Fla. 1968)
- Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co., 185 So. 2d 487 (Fla. 3d DCA 1966)