MARTIN FINE, J. I. KISLAK AND R. W. JOHNSON, D/B/A PARK TOWERS ASSOCIATES, LTD., ARKIN BUILDING CORP., A FLORIDA CORPORATION, THE FIRST NATIONAL BANK OF MIAMI, A BANKING CORPORATION, AND THE TRAVELERS INDEMNITY COMPANY, A CONNECTICUT CORPORATION, APPELLANTS,
v.
CRANE CO., AN ILLINOIS CORPORATION, APPELLEE

Fla. 3d DCA | 1969-05-02
No. 67-507
Before BARKDULL, HENDRY and SWANN, JJ.
222 So. 2d 36 Florida District Court of Appeal, Third District (1969)

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Synopsis

This case involves a procedural history where the Florida District Court of Appeal initially reversed a summary judgment, but the Florida Supreme Court quashed that judgment and remanded the case. Consequently, the District Court of Appeal vacated its prior ruling and affirmed the original summary judgment.


Holding

The District Court of Appeal held that it was bound by the Florida Supreme Court's decision, which quashed the District Court's prior judgment and affirmed the circuit court's summary judgment.


Key Quotes

“Whereas, the judgment of this court was entered on May 7, 1968 (211 So. 2d 219) reversing the summary judgment of the Circuit Court for Dade County, Florida, in the above styled cause; and”

Describes the initial action taken by the District Court of Appeal.

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Facts & Procedural History

The case originated with a summary judgment entered by the Circuit Court for Dade County. The District Court of Appeal initially reversed this summary…

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Opinion of the Court
PER CURIAM.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on May 7, 1968 (211 So.2d 219) reversing the summary judgment of the Circuit Court 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 April 2, 1969, 221 So.2d 145, and mandate now lodged in this court, quashed this court's judgment and remanded the cause for further proceedings ;

Now, therefore, It is Ordered that the mandate of this court heretofore issued on June 26, 1968 is withdrawn, the opinion and judgment of this court filed May 7, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the summary judgment of the circuit court appealed from in this cause is affirmed. Costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).


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