JOSEPH MUDARRI AND SOPHIE MUDARRI, HIS WIFE; AND SALIM MUDARRI AND WEEDAD MUDARRI, HIS WIFE, APPELLANTS,
v.
DAVID GILLESPIE, WOMETCO ENTERPRISES, INC., A FLORIDA CORPORATION, AND SECURITY MUTUAL INSURANCE COMPANY OF NEW YORK, A FOREIGN CORPORATION, APPELLEES
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This case involves a procedural update where the Florida District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's decision after the Supreme Court quashed the appellate court's initial ruling. The case is remanded for further proceedings consistent with the Supreme Court's opinion.
The District Court of Appeal must vacate its previous judgment, adopt the Supreme Court's opinion and judgment as its own, and reverse the trial court's order, remanding the case for further proceedings.
“Now, therefore, it is ordered that the mandate of this court issued in this cause on March 15, 1968 is withdrawn, the opinion and judgment of this court filed February 27, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 order of the trial court appealed from is reversed and the cause is remanded with directions to proceed in accordance with the opinion and judgment of the Supreme Court.”
This quote details the specific actions the District Court of Appeal is taking in response to the Supreme Court's mandate.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously affirmed an order from the Circuit Court for Dade County. However, the Supreme Court of Florida re…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on February 27, 1968 (207 So.2d 482) affirming the order of the Circuit Court for 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 September 24, 1969, 226 So.2d 808 and mandate dated November 3, 1969, now lodged in this court, quashed this court’s judgment;
Now, therefore, it is ordered that the mandate of this court issued in this cause on March 15, 1968 is withdrawn, the opinion and judgment of this court filed February 27, 1968 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 order of the trial court appealed from is reversed and the cause is remanded with directions to proceed in accordance with the opinion and judgment of the Supreme Court. Costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McDOEL v. State, 207 So. 2d 482 (Fla. 3d DCA 1968)
- Coker v. Space Painting, Inc., 226 So. 2d 808 (Fla. 1969)
- Mudarri v. Gillespie, 226 So. 2d 808 (Fla. 1969)