ELDRED L. TUGGLE AND CATHERINE TUGGLE, HIS WIFE, APPELLANTS,
v.
GOVERNMENT EMPLOYEES INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLEE

Fla. 3d DCA | 1969-04-23
No. 65-700
Before CHARLES CARROLL, C. J, and BARKDULL and HENDRY, JJ.
221 So. 2d 440 Florida District Court of Appeal, Third District (1969)

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Synopsis

This case returns to the appellate court after the Florida Supreme Court quashed a portion of its prior decision. The appellate court vacated its prior award of attorney fees and remanded the case to the lower court for further proceedings.


Holding

The appellate court must vacate its prior award of attorney fees and remand the case to the lower court for further proceedings consistent with the Supreme Court's directive.


Key Quotes

“This cause recurs for consideration upon the mandate of the Supreme Court of Florida pursuant to the decision and judgment of that court quashing a portion of a prior decision and judgment of this court.”

Establishes the procedural posture of the case and the reason for the current consideration.

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Facts & Procedural History

The appellate court had previously awarded $750.00 to counsel for the appellant, Eldred L. Tuggle. The Florida Supreme Court subsequently quashed this…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause recurs for consideration upon the mandate of the Supreme Court of Florida pursuant to the decision and judgment of that court quashing a portion of a prior decision and judgment of this court. Tug*441gle v. Gov’t Employees Ins. Co., 220 So.2d 355, opinion filed March 9, 1969. By our prior decision, Tuggle v. Gov’t Employees Ins. Co., 208 So.2d 865, we awarded $750.00 to counsel of record for Tuggle for services in this court. In accord with the directive of the judgment of the Supreme Court of Florida that portion of our prior decision and judgment above referred to is hereby vacated and set aside and the cause is remanded to the Circuit Court of Dade County, Florida, for further proceedings and disposition in accord with the cited decision of this court except as withdrawn and vacated.


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