UNITED STATES RUBBER COMPANY, A NEW JERSEY CORPORATION, APPELLANT,
v.
JEFFERSON REALTY OF FORT LAUDERDALE, INC., A FLORIDA CORPORATION; JEFFERSON REALTY OF SOUTH DADE, INC., A FLORIDA CORPORATION; JEFFERSON FUNLAND, INC., A FLORIDA CORPORATION AND JEFFERSON STORES, INC., A DELAWARE CORPORATION, AUTHORIZED TO TO BUSINESS IN THE STATE OF FLORIDA, APPELLEES

Fla. 3d DCA | 1969-06-25
No. 66-1111
Before CHARLES CARROLL, C. J., BARKDULL, J., and LOPEZ, AQUILI-NO, Jr., Associate Judge.
223 So. 2d 743 Florida District Court of Appeal, Third District (1969)

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Synopsis

This case involves a procedural maneuver where the Florida District Court of Appeal, Third District, vacated its prior judgment and affirmed the trial court's decision, following a mandate from the Florida Supreme Court that quashed the appellate court's initial reversal.


Holding

The District Court of Appeal held that it must vacate its previous judgment, reinstate the trial court's final judgment, and affirm the trial court's decision as directed by the Supreme Court.


Key Quotes

“Whereas, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed April 16, 1969 (222 So. 2d 738) and mandate now lodged in this court, quashed this court's judgment with directions to affirm the trial court and to reinstate the final judgment of that court;”

This quote establishes the Supreme Court's directive to the District Court of Appeal.

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Facts & Procedural History

The District Court of Appeal had previously reversed a judgment from the Circuit Court of Dade County. However, the Florida Supreme Court, upon review…

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Opinion of the Court
PER CURIAM.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was rendered on February 21, 1968 (208 So.2d 110) reversing the 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, by its opinion and judgment filed April 16, 1969 (222 So.2d 738) and mandate now lodged in this court, quashed this court’s judgment with directions to affirm the trial court and to reinstate the final judgment of that court;

Now, therefore, It is Ordered that the mandate of this court issued in this cause on April 3, 1968 is withdrawn, the judgment of this court filed February 21, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and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 final judgment of the circuit court appealed from is reinstated and affirmed. Costs allowed shall be taxed in the trial court. (Rule 3.16(b) Florida Appellate Rules, 32 F.S.A.).


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