ALMOND H. THOMAS AND IRENE THOMAS, HIS WIFE, APPELLANTS,
v.
ATLANTIC ASSOCIATES, INC., A FLORIDA CORPORATION, AND HENRY ROBERTS, APPELLEES
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This case involves a procedural update where the Florida District Court of Appeal vacated its prior judgment affirming a summary final judgment. Following a Supreme Court decision quashing the affirmance, the appellate court reversed the lower court's judgment and remanded the case for further proceedings.
The District Court of Appeal must vacate its prior judgment, adopt the Supreme Court's opinion and judgment, reverse the lower court's summary final judgment, and remand the case for further proceedings.
“quashed this court's judgment of affirmance”
Describes the action taken by the Supreme Court of Florida on the District Court's prior ruling.
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 final judgment entered by the Circuit Court of Dade County. However, the Supreme Court …
The full statement of facts, procedural history, and disposition for this case are member content.
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on July 23, 1968 (212 So.2d 920) affirming the summary final 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 July 30, 1969 (226 So.2d 100) and mandate dated September IS, 1969, 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Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on August 28, 1968 is withdrawn, the opinion and judgment of this court filed July 23, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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, the summary final judgment of the circuit court appealed from in this cause is reversed and the cause is remanded for further proceedings not inconsistent with the said opinion and judgment of this court. Costs allowed shall be taxed in the circuit court (Rule 3.16(b) Florida Appellate Rules, 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Almond H. Thomas and Irene Thomas v. Atl. Assocs., Inc., 241 So. 2d 727 (Fla. 3d DCA 1970)…favor of the appellees. Previously this cause was remanded to the trial court for trial following review by the Supreme Court of Florida of this Court's judgment, by certiorari, Fla.App.1968, 212 So. 2d, 920; Fla.1969, 226 So. 2d 100; Fla.App.1969, 226 So. 2d 831. The testimony adduced before the trial judge, which is the subject of this appeal, is materially the same as in the prior appeal and, therefore, need not be reviewed here. Upon review of such facts it appears there was ample competent evidence to…
Authorities Cited
- Almond H. Thomas and Irene Thomas v. Atl. Assocs., Inc., 226 So. 2d 100 (Fla. 1969)
- Almond H. Thomas and Irene Thomas v. Atl. Assocs., Inc., 212 So. 2d 920 (Fla. 3d DCA 1968)