ALFRED DACOSTA, APPELLANT,
v.
GENERAL GUARANTY INSURANCE COMPANY OF FLORIDA, APPELLEE
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This case involves a reversal of a prior appellate decision based on a Supreme Court mandate. The appellate court vacated its previous affirmance and entered the Supreme Court's judgment, reversing the lower court's decision.
Yes, the appellate court must follow the mandate of the Supreme Court. The appellate court's prior judgment was vacated, and the Supreme Court's judgment was adopted as its own.
“quashed this court's judgment of affirmance with directions that a judgment be entered in behalf of the petitioner-plaintiff below”
Describes the Supreme Court's action and directive.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellate court had previously affirmed a judgment in supplementary proceedings. However, the Florida Supreme Court quashed this affirmance and di…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on July 23, 1968 (212 So.2d 923) affirming the judgment in supplementary proceedings 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 July 2, 1969 (226 So.2d 104) and mandate dated July 18, 1969, now lodged in this court, quashed this court’s judgment of affirmance with directions that a judgment be entered in behalf of the petitioner-plaintiff below;
Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on August 28, 1968 is withdrawn, this court’s opinion and judgment filed July 23, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion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 judgment in supplementary proceedings appealed from in this cause is reversed with directions that a judgment be entered in behalf of the petitioner-plaintiff below. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lowman v. State, 242 So. 2d 750 (Fla. 2d DCA 1971)…rs that we have no appellate jurisdiction in the case either because the appeal is from a nonap-pealable order or otherwise. We hold here that the attempted appeal by Lowman was from a non-appealable order. The case of James v. State, Fla.App. 1969, 226 So. 2d 468, decided by this Court on September 19, 1969, is directly in point. In that case there was an attempted appeal on the part of James from an order denying a “Motion For An Order Granting Jail Time Credit”, and we dismissed the appeal ex mero motu as…
Authorities Cited
- DaCOSTA v. Gen. Guar. Ins. Co. OF Fla., 226 So. 2d 104 (Fla. 1969)
- DaCOSTA v. Gen. Guar. Ins. Co. of Fla., 212 So. 2d 923 (Fla. 3d DCA 1968)