JOHN J. CARBERRY, AS BISHOP OF THE DIOCESE OF COLUMBUS, OHIO, A CORPORATION SOLE, APPELLANT,
v.
JOSEPH GIBSON FOLEY, FLORIDA NATIONAL BANK AND TRUST COMPANY AT MIAMI, A NATIONAL BANKING INSTITUTION, JOHN D. CONNOR, AS ADMINISTRATOR OF THE ESTATE OF GEORGE H. FOLEY, DECEASED, FRANCIS I. DUPONT & CO., A NEW YORK LIMITED PARTNERSHIP, AND FLORIDA NATIONAL BANK AT CORAL GABLES, A NATIONAL BANKING INSTITUTION, APPELLEES
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The Florida District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's opinion, reversing the dismissal of a complaint against one defendant and remanding the case for further proceedings.
Yes, the District Court of Appeal must vacate its prior judgment and adopt the Florida Supreme Court's ruling, reversing the dismissal of the complaint against Francis I. duPont and Co. and remanding the cause.
“Whereas, the judgment of this court was entered on October 17, 1967 (203 So. 2d 214) affirming the order 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 July 31, 1968 (213 So. 2d 873) quashed this court's judgment of affirmance,”
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a lower court's order. The Florida Supreme Court reviewed this judgment by certiorari and quashed…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on October 17, 1967 (203 So.2d 214) affirming the order 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 July 31, 1968 (213 So.2d 873) quashed this court’s judgment of affirmance,
Now, therefore, It is Ordered that the mandate of this court issued on October 31, 1967 is withdrawn, the judgment of this court dated October 17, 1967 is vacated, the opinion and judgment of the Supreme Court of Florida, filed July 31, 1968 is herewith made the opinion and judgment of this court, and the order dismissing the complaint as to the defendant Francis I. duPont and Co. is reversed, and the cause is remanded to the circuit court for further proceedings not inconsistent with the said opinion 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.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carberry v. Foley, 213 So. 2d 873 (Fla. 1968)
- Carberry v. Foley, 203 So. 2d 214 (Fla. 3d DCA 1967)