ABNER'S INTERNATIONAL, INC., A FLORIDA CORPORATION, APPELLANT,
v.
ABNER'S BEEF HOUSE CORPORATION, A FLORIDA CORPORATION; ABNER'S ROAST BEEF, INC., A FLORIDA CORPORATION; ABNER'S RESTAURANT CORPORATION, A FLORIDA CORPORATION; AND LUM'S, INC., A FLORIDA CORPORATION, APPELLEES
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This case involves a procedural history where the Florida Supreme Court quashed a prior judgment by the District Court of Appeal, which had reversed a lower court's dismissal. The District Court of Appeal, following the Supreme Court's mandate, vacated its own prior judgment and reversed the trial court's dismissal.
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 of dismissal, directing the trial court to enter a final decree in accordance with the Supreme Court's ruling.
“quashed this court's judgment and remanded the cause with directions that a final decree be entered in conformity with the said opinion and judgment of that court”
Describes the action taken by the Supreme Court of Florida.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously reversed a final order of dismissal from the Circuit Court. However, the Florida Supreme Court reviewed th…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on March 11, 1969 (220 So.2d 683) reversing the final order of dismissal of the Circuit Court for 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 (227 So.2d 865) and judgment filed October 29, 1969 and mandate dated December 1, 1969, now lodged in this court, quashed this court’s judgment and remanded the cause with directions that a final decree be entered in conformity with the said opinion and judgment of that court;
Now, therefore, It is Ordered that the mandate of this court issued in this cause on April 15, 1969 is withdrawn, the opinion and judgment of this court filed March 11, 1969 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 dismissal of the trial court appealed from herein is reversed with directions to enter a final decree in conformity with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall he 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
Authorities Cited
- Abner's Beef House Corp. v. Abner's Int'l, Inc., 227 So. 2d 865 (Fla. 1969)
- Abner's Int'l, Inc. v. Abner's Beef House Corp., 220 So. 2d 683 (Fla. 3d DCA 1969)