LOREN BUTLER, BY AND THROUGH HIS NEXT FRIEND AND FATHER, R. Q. BUTLER, AND R. Q. BUTLER, INDIVIDUALLY, APPELLANTS,
v.
PORTER-RUSSELL CORPORATION, A FLORIDA CORPORATION, KIRKLAND MASONRY, INC., A FLORIDA CORPORATION, HILTON MCTYRE, AND MAULE INDUSTRIES, INC., A FLORIDA CORPORATION, APPELLEES
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This case involves a procedural order from the Florida District Court of Appeal, Third District, which withdraws and vacates its prior judgment. The court conforms its decision to the opinions and judgments of the Florida Supreme Court, which had quashed the appellate court's previous ruling.
The District Court of Appeal holds that its prior judgment must be withdrawn and vacated to the extent it conflicts with the Supreme Court's opinions. The summary judgment from the circuit court is affirmed in part and reversed in part, and the case is remanded.
“Now, therefore, It is ordered that the mandate of this court heretofore issued in this cause is withdrawn, the opinion and judgment of this court filed April 9, 1968 insofar as it is in conflict with or fails to conform to the views expressed in the said opinions and judgments of the Supreme Court of Florida, is withdrawn and vacated and the said opinions and judgments of the Supreme Court of Florida are herewith made the opinions and judgments of this court.”
This quote establishes the court's action in withdrawing its prior judgment and adopting the Supreme Court's ruling.
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Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously affirmed in part and reversed in part a summary final judgment from the circuit court. The Supreme…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on April 9, 1968 (208 So.2d 879) affirming in part and reversing in part the summary final judgment 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, 217 So.2d 298, by its opinions and judgments filed November 20, 1968 and December 20, 1968 and mandate filed January 6, 1969, quashed this court’s judgment except as noted;
Now, therefore, It is ordered that the mandate of this court heretofore issued in this cause is withdrawn, the opinion and judgment of this court filed April 9, 1968 insofar as it is in conflict with or fails to conform to the views expressed in the said opinions and judgments of the Supreme Court of Florida, is withdrawn and vacated and the said opinions and judgments of the Supreme Court of Florida are herewith made the opinions and judgments of this court. The opinion and judgment of this court, except as withdrawn and vacated as aforesaid, is adhered to, the summary judgment of the circuit court appealed from herein is affirmed in part and reversed in part and the cause is remanded to the circuit court for further proceedings in accordance with the opinions and judgments of the Supreme Court of Florida and this court. 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
- Butler v. Porter-Russell Corp., 217 So. 2d 298 (Fla. 1968)
- Butler v. Porter-Russell Corp., 208 So. 2d 879 (Fla. 3d DCA 1968)