MACO SUPPLY CORP., A GEORGIA CORPORATION, APPELLANT,
v.
ANTHONY J. MASCIARELLI, APPELLEE
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This case involves a procedural order from the Florida District Court of Appeal, Third District, clarifying its prior judgment after review by the Florida Supreme Court. The District Court of Appeal vacated parts of its own earlier decision to conform with the Supreme Court's ruling, ultimately reversing the trial court's judgment and remanding the case.
The District Court of Appeal must withdraw and vacate any part of its prior opinion and judgment that conflicts with or fails to conform to the Florida Supreme Court's opinion and judgment. The Supreme Court's decision is made the judgment of the District Court of Appeal.
“Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on September 6, 1968 is withdrawn, the opinion and judgment of this court filed August 13, 1968, insofar as it is in conflict with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida dated April 30, 1969, aforesaid, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court.”
This quote establishes the court's action in vacating its prior judgment and adopting the Supreme Court's ruling.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed in part and reversed in part a judgment from the Circuit Court of Dade County. Upon review by cer…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on August 13, 1968 (213 So.2d 265) affirming in part and reversing in part the judgment of the Circuit Court of Dade County, 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 30, 1969 (224 So.2d 329) and mandate now lodged in this court affirmed in part and quashed in part this court’s judgment;
Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on September 6, 1968 is withdrawn, the opinion and judgment of this court filed August 13, 1968, insofar as it is in conflict with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida dated April 30, 1969, aforesaid, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The opinion and judgment of this court except as withdrawn and vacated, as aforesaid, is adhered to, the judgment of the circuit court appealed from is reversed, and the cause is remanded to the trial court for further proceedings not inconsistent with the said opinion and judgment of the Supreme Court of Florida and this court. 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
- Masciarelli v. Maco Supply Corp., 224 So. 2d 329 (Fla. 1969)
- Maco Supply Corp. v. Masciarelli, 213 So. 2d 265 (Fla. 3d DCA 1968)