CAT 'N FIDDLE, INC., A FLORIDA CORPORATION, OPERATING AND DOING BUSINESS AS CAT 'N FIDDLE RESTAURANT & LOUNGE, APPELLANT,
v.
THE CENTURY INSURANCE COMPANY, LIMITED, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF NEW YORK AND HURST INSURANCE AGENCY, INC., A FLORIDA CORPORATION, APPELLEES
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This case involves a procedural remand following a Supreme Court decision that vacated a prior appellate affirmation. The appellate court is now complying with the Supreme Court's mandate to grant a new trial.
Yes, the appellate court must comply with the Supreme Court's mandate. The prior appellate judgment affirming the trial court's decision as to Century Insurance Company is vacated, and the cause is remanded for a new trial.
“vacated that portion of this court's decision affirming the judgment of the trial court as it applied to said appellee and remanded the cause for a new trial in accordance with the judgment of the Supreme Court of Florida.”
Describes the Supreme Court's action that necessitates the current court's action.
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Join FLexlaw to unlock all legal intelligenceThe appellate court had previously affirmed a trial court judgment concerning Century Insurance Company. However, the Florida Supreme Court reviewed t…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on June 13, 1967 (200 So.2d 208) affirming the judgment of the Circuit Court of Dade County, Florida, in the above styled cause as it applied to the appellee Century Insurancé Company Limited; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 18, 1968 (213 So.2d 701) and mandate dated September 23, 1968, now lodged in this court, vacated that portion of this court’s decision affirming the judgment of the trial court as it applied to said appellee and remanded the cause for a new trial in accordance with the judgment of the Supreme Court of Florida.
Now, therefore, It is Ordered that the mandate of this court issued in this cause on July 6, 1967, as it applied to the above named appellee is withdrawn, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the judgment of the circuit court as it applied to appellee Century Insurance Company Limited is reversed and the cause is remanded for a new trial in accordance with the views expressed in 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
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Burns v. Consol. Am. Ins. Co., 359 So. 2d 1203 (Fla. 3d DCA 1978)…overage, his only duty is to inform the party of his inability within a reasonable time. Cat ’N Fiddle, Inc. v. Century Insurance Company, 200 So. 2d 208 (Fla.3d DCA 1967), vacated on other grounds, 213 So. 2d 701 (Fla.1968), modified and conformed, 214 So. 2d 503 (Fla.3d DCA 1968). Failure of an insured to take appropriate action when he.becomes aware that the coverage he thought he had was not obtained by the agent constitutes both a waiver of his right to performance under an alleged oral contract and an e…
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City OF Coral Gables v. Wood, 305 So. 2d 261 (Fla. 3d DCA 1974)…wer without reference to public health, morals, safety or welfare. State ex rel. Helseth v. DuBose, 1930, 99 Fla. 812, 128 So. 4. See also Village of Virginia Gardens v. Johnson, Fla.App.1962, 143 So. 2d 692 and Donch v. City of Miami, Fla.App.1968, 214 So. 2d 503. Aesthetic considerations have been held to be a valid basis for zoning in Florida. See Sunad, Inc. v. City of Sarasota, Fla.1960, 122 So. 2d 611; State ex rel. Boozer v. City of Miami, Fla.App.1967, 193 So. 2d 449; Rotenberg v. City of Fort Pierce,…
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Frazier v. Standard Guar. Ins. Co., 382 So. 2d 392 (Fla. 4th DCA 1980)…nderlying purpose of notice of cancellation, which is to enable the insured to obtain other insurance “before he is subjected to risk without protection.” Cat ’N Fiddle, Inc. v. Century Insurance Co., 213 So. 2d 701 (Fla.1968), judgment conformed to 214 So. 2d 503 (Fla. 3d DCA 1968). There being sufficient evidence for the trial court to find actual notice, we affirm. AFFIRMED. LETTS and HURLEY, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- CAT 'N Fiddle, Inc. v. The Century Ins. Co., 213 So. 2d 701 (Fla. 1968)
- CAT 'N Fiddle, Inc. v. The Century Ins. Co., 200 So. 2d 208 (Fla. 3d DCA 1967)