FRANK BALBONTIN, APPELLANT,
v.
J. A. PORIAS, A/K/A JOSEPH ARMANDO PORIAS, A/K/A J. ARMANDO PORIAS, 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 of a dismissal order. The case is remanded for further proceedings.
The District Court of Appeal adopted the Supreme Court of Florida's judgment, vacated its own prior judgment, reversed the trial court's dismissal order, and remanded the case for further proceedings.
“quashed this court's judgment of affirmance and remanded the cause for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida”
Describes the action taken by the Supreme Court of Florida on review.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a trial court's order dismissing the case. The Supreme Court of Florida reviewed this decision by…
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 February 27, 1968 (208 So.2d 314) affirming an order of dismissal 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 Florida, by its opinion and judgment filed November 13, 1968 (215 So.2d 732) and mandate dated December 12, 1968, now lodged in this court, quashed this court’s judgment of affirmance and remanded the cause for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida;
Now, therefore, It is Ordered that the mandate of this court issued on March 20, 1968 is withdrawn, the opinion and judgment of this court filed February 27, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 dismissal of the trial court appealed from is reversed and the cause is remanded for further proceedings not inconsistent with the said opinion and judgment of the Supreme Court of Florida. 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
Authorities Cited
- Balbontin v. Porias, 215 So. 2d 732 (Fla. 1968)
- Hipolito Rogriguez v. The City OF Miami, 208 So. 2d 314 (Fla. 3d DCA 1968)
- Balbontin v. Porias, 208 So. 2d 314 (Fla. 3d DCA 1968)