INTERNATIONAL LADIES' GARMENT WORKERS' UNION, LOCAL 415, INTERNATIONAL LADIES' GARMENT WORKERS' UNION, AFL-CIO; MIAMI JOINT COUNCIL OF THE INTERNATIONAL LADIES' GARMENT WORKERS' UNION, AFL-CIO; ALL UNINCORPORATED VOLUNTARY ASSOCIATIONS, ET AL., APPELLANTS,
v.
SCHERER & SONS, INC., A FLORIDA CORPORATION, AND THE FLORIDA APPAREL MANUFACTURERS' ASSOCIATION, INC., A FLORIDA CORPORATION, APPELLEES
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This case involves a labor union's appeal concerning unfair labor practices. The Florida Supreme Court vacated a prior judgment by the Florida District Court of Appeal and reversed the Circuit Court's judgment, remanding for further proceedings consistent with U.S. Supreme Court precedent.
The Florida District Court of Appeal held that its prior judgment affirming the Circuit Court was vacated and the Circuit Court's judgment was reversed, requiring a new order consistent with U.S. Supreme Court rulings.
“Whereas, on review of this court's judgment by certiorari, the Supreme Court of the United States, by its opinion and judgment filed April 22, 1968 (390 U.S. 717, 88 S.Ct. 1402, 20 L.Ed.2d 249) and mandate dated May 17, 1968, now lodged in this court, vacated this court's judgment and remanded the case to this court for further consideration citing Retail Clerk's International Ass'n., etc. v. Schermerhorn, 375 U.S. 96, 84 S.Ct. 219, 11 L.Ed.2d 179 (1963); Local No. 438 Const. and General Laborers', etc. v. Curry, 371 U.S. 542, 83 S.Ct. 531, 9 L.Ed.2d 514 (1963).”
Establishes the U.S. Supreme Court's action and the basis for the Florida court's reconsideration.
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Join FLexlaw to unlock all legal intelligenceThe case originated from a dispute involving the International Ladies' Garment Workers' Union and Scherer & Sons, Inc. The Florida District Court of A…
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ORDER ON MANDATE
Before CHARLES CARROLL, C. J., and PEARSON and HENDRY, JJ.
Whereas, the judgment of this court was entered on the 28th day of June, 1966 (188 So.2d 380) affirming the judgment of the Circuit Court in and for Dade County, Florida, in the above styled cause; and,
Whereas, on review of this court’s judgment by certiorari, the Supreme Court of the United States, by its opinion and judgment filed April 22, 1968 (390 U.S. 717, 88 S.Ct. 1402, 20 L.Ed.2d 249) and mandate dated May 17, 1968, now lodged in this court, vacated this court’s judgment and remanded the case to this court for further consideration citing Retail Clerk’s International Ass’n., etc. v. Schermerhorn, 375 U.S. 96, 84 S.Ct. 219, 11 L.Ed.2d 179 (1963); Local No. 438 Const. and General Laborers’, etc. v. Curry, 371 U.S. 542, 83 S.Ct. 531, 9 L.Ed.2d 514 (1963).
Now, therefore, having considered the above cases as directed by the Supreme Court of the United States it is ordered that the judgment of this court filed on the 28th day of June, 1966, is vacated, and the judgment of the Circuit Court appealed from in this cause is reversed with directions to enter an order consistent with the holding herein of the Supreme Court of the United States; costs allowed shall be taxed in the Circuit Court (Rule 3.16 (b) Florida Appellate Rules, 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Retail Clerks Int'l Ass'n, Local 1625, AFL-CIO v. Schermerhorn, 375 U.S. 96 (U.S. 1963)
- Local NO. 438 Constr. & Gen. Laborers' Union, AFL-CIO v. Curry, 371 U.S. 542 (U.S. 1963)
- Int'l Ladies' Garment Workers' Union, Local 415, Int'l Ladies' Garment Workers' Union, AFL-CIO v. Scherer & Sons, Inc., 188 So. 2d 380 (Fla. 3d DCA 1966)
- Int'l Ladies' Garment Workers' Union v. Scherer & Sons, Inc., 390 U.S. 717 (U.S. 1968)