CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, APPELLANT,
v.
MARTIN WEISS, 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 Florida Supreme Court's decision, reversing the lower court's decree for further consideration.
The District Court of Appeal must vacate its previous judgment, adopt the Supreme Court's opinion and judgment, and reverse the circuit court's decree for further proceedings.
“the decision of this court was quashed with directions to remand the cause to the trial court for further consideration in accordance with the said opinion and judgment of the Supreme Court of Florida”
This quote explains the Supreme Court's action and its directive to the District Court.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a final decree from the Circuit Court of Dade County. However, the Florida Supreme Court reviewed…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on March 19, 1968 (208 So.2d 524 (1) ) affirming the final decree 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 January 15, 1969 (217 So.2d 836) and mandate dated January 31, 1969, now lodged in this court, the decision of this court was quashed with directions to remand the cause to the trial court for further consideration in accordance with the said opinion and judgment of the Supreme Court of Florida;
Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on April 8, 1968 is withdrawn, the opinion and judgment of this court filed March 19, 1968 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the final decree of the circuit court appealed from is reversed for further consideration in accordance with 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.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Morton L. Ginsberg & MLG Props., Inc. v. Lennar Fla. Holdings, 645 So. 2d 490 (Fla. 3d DCA 1994)…ion held by the RTC.4 We disagree with Len-nar’s interpretation of the Assignment of Mortgage received from the RTC. “Initially, we note that assignability of a cause of action is the rule rather than the exception.” See Selfindge v. Allstate Ins., 219 So. 2d 127, 128 (Fla.1969). A party may assign almost any cause action, with the noted exception of claims for personal injury. See and compare Selfridge; Florida Power Corp. v. McNeely, 125 So. 2d 311 (Fla.1960); State Road Dept. v. Bender, 147 Fla. 15, 2 So.…
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Nationwide Mut. Ins. Co. v. Kendrick D. McNULTY, 229 So. 2d 585 (Fla. 1969)…VIN, C. J., and ROBERTS, DREW, and ADKINS, JJ., concur. . 221 So. 2d 208, 211 (Fla.App.2d 1969). . 122 So. 2d 313 (Fla.1960). . Black, Law Dictionary, p. 292 (4th ed. 1951). . 448 P. 2d 554, 558 (Ore.1968). . 422 Pa. 500, 223 A. 2d 8 (1966). . 219 So. 2d 127, 129 (Fla.App. 4th 1969).…
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Ward W. Kelly v. Williams, 411 So. 2d 902 (Fla. 5th DCA 1982)…now) than the original judgment. Therefore, in the past, releases were often given in exchange for an assignment of the cause of action. See, e.g., Nationwide Mut. Ins. Co. v. McNulty, Co., 229 So. 2d 585 (Fla.1969); Selfridge v. Allstate Ins. Co., 219 So. 2d 127 (Fla. 4th DCA 1969). However, an assignment is no longer necessary since the judgment creditor is now allowed to assert a cause of action for bad faith settlement tactics under third-party beneficiary concepts. Thompson v. Commercial Union Ins. Co.…1 / 2
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Commercial Carrier Corp. v. Mayo, 217 So. 2d 836 (Fla. 1969)
- City OF Miami Beach v. Weiss, 217 So. 2d 836 (Fla. 1969)
- City OF Miami Beach v. Weiss, 208 So. 2d 524 (Fla. 3d DCA 1968)
- Dawdy v. Merrill, 208 So. 2d 524 (Fla. 3d DCA 1968)