WILBUR GLENN HODGES, JR., APPELLANT,
v.
ALWIN HELM AND DONALD G. HELM, APPELLEES
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This case involves a procedural order from the Florida District Court of Appeal, Third District, vacating its prior judgment and reversing a summary judgment. The Supreme Court of Florida had quashed the appellate court's earlier affirmance, leading to this corrective action.
The District Court of Appeal vacated its prior judgment, withdrew its mandate, and adopted the Supreme Court of Florida's opinion and judgment as its own, thereby reversing the lower court's summary judgment.
“Whereas, the judgment of this court was entered on January 30, 1968 (207 So. 2d 318) affirmed the summary 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 May 7, 1969 (222 So. 2d 418) and mandate now lodged in this court, quashed this court's judgment of affirmance;”
This quote establishes the procedural history and the Supreme Court's action that necessitates the current order.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a summary judgment from the Circuit Court of Dade County. However, the Supreme Court of Florida r…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on January 30, 1968 (207 So.2d 318) affirmed the summary 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 May 7, 1969 (222 So.2d 418) and mandate now lodged in this court, quashed this court’s judgment of affirmance;
Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on February 21, 1968 is withdrawn, the opinion and judgment of this court dated January 30, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 summary judgment of the circuit court appealed from is reversed and the cause is remanded for further proceedings in accordance with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court. (Rule 3.16(b) Florida Appellate Rules, 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hodges v. Alwin Helm and Donald G. Helm, 222 So. 2d 418 (Fla. 1969)
- Hodges v. Alwin Helm and Donald G. Helm, 207 So. 2d 318 (Fla. 3d DCA 1968)