DAVID BLANK, SHELDON W. BLANK, ARTHUR BLANK AND SOUTHERN BEVERAGES, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
YOO HOO OF FLORIDA CORP., APPELLEE
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This case involves a prior summary judgment that was affirmed by the Florida District Court of Appeal, but later quashed by the Florida Supreme Court. The District Court of Appeal, following the Supreme Court's mandate, vacated its prior judgment, reversed the summary judgment, and remanded the case for further proceedings.
The Florida District Court of Appeal held that its prior judgment affirming the summary judgment was vacated, and the summary judgment itself was reversed, in accordance with the mandate from the Florida Supreme Court.
“WHEREAS, the judgment of this court was entered on August 20, 1968 (213 So. 2d 464) affirming the summary judgment of [*439] 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 dated May 7, 1969 (222 So. 2d 420) and mandate now lodged in this court, quashed this court's judgment of affirmance with directions for further proceedings;”
This quote establishes the procedural history, including the initial affirmance by the District Court and the subsequent quashing by the Supreme Court.
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Join FLexlaw to unlock all legal intelligenceThe appellants, David Blank and others, appealed a summary judgment entered against them by the Circuit Court of Dade County. The Florida District Cou…
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ORDER ON MANDATE
WHEREAS, the judgment of this court was entered on August 20, 1968 (213 So.2d 464) affirming the summary judgment of *439the 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 dated May 7, 1969 (222 So.2d 420) and mandate now lodged in this court, quashed this court’s judgment of affirmance with directions for further proceedings;
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on September 6, 1968 is withdrawn, the opinion and judgment of this court dated August 20, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 remanded for further proceedings not inconsistent 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
- Blank v. YOO HOO OF Fla. Corp., 222 So. 2d 420 (Fla. 1969)
- Blank v. YOO HOO OF Fla. Corp., 213 So. 2d 464 (Fla. 3d DCA 1968)