POPPY K. CHIMERAKIS AND JAMES CHIMERAKIS, APPELLANTS,
v.
ANN E. EVANS, APPELLEE

Fla. 3d DCA | 1969-05-20
No. 67-947
Before BARKDULL and HENDRY, JJ., and SPECTOR, SAM, Associate Judge.
222 So. 2d 438 Florida District Court of Appeal, Third District (1969)

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Synopsis

This case involves a procedural order from the Florida District Court of Appeal, Third District, vacating its prior judgment and remanding the case for a new trial following a decision by the Florida Supreme Court. The Supreme Court had quashed the appellate court's earlier affirmance of a lower court's judgment.


Holding

The District Court of Appeal vacated its prior judgment, adopted the Supreme Court's opinion and judgment, reversed the circuit court's judgment, and remanded the cause for a new trial.


Key Quotes

“quashed this court's judgment of affirmance and remanded the cause”

Describes the action taken by the Florida Supreme Court on review.

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Facts & Procedural History

The District Court of Appeal had previously affirmed a judgment from the Circuit Court. However, the Florida Supreme Court reviewed this decision by c…

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Opinion of the Court
PER CURIAM.

ORDER ON MANDATE

PER CURIAM.

WHEREAS, the judgment of this court was entered on August 13, 1968 (219 So. 2d 446) affirming the judgment of the Circuit Court of the Eleventh Judicial Circuit for Dade County. Florida, in the above styled cause; and

WHEREAS on review of this court’s judgment by certiorari, the Supreme Court *439of Florida, by its opinion and judgment filed April 16, 1969 (221 So.2d 735) and mandate dated May 2, 1969, now lodged in this court, quashed this court’s judgment of affirmance and remanded the cause;

NOW, THEREFORE, It is Ordered that the (no mandate issued) opinion and judgment of this court filed August 13, 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 judgment of the circuit court appealed from is reversed and the cause is remanded for a new trial. 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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