WALTER HEADLEY, CHIEF OF POLICE OF THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF DADE COUNTY, FLORIDA, APPELLANT,
v.
GLENN BARON, APPELLEE
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This case involves a procedural order from the Florida District Court of Appeal, Third District, vacating its prior judgment and remanding the case to the trial court. This action was taken in response to the Florida Supreme Court quashing the appellate court's previous decision.
The District Court of Appeal vacated its prior judgment, withdrew its mandate, and made the Supreme Court's opinions and judgments the judgment of the appellate court. The final judgment of the circuit court was reversed, and the cause was remanded for further proceedings.
“Now, therefore, it is Ordered that the mandate of this court heretofore issued in this cause on June 26, 1968 is withdrawn, the opinion and judgment of this court filed May 28, 1968 is vacated, the said opinions and judgments of the Supreme Court of Florida are herewith made the opinion and judgment of this court and the final judgment of the circuit court appealed from in this cause is reversed and the cause is remanded for further proceedings consistent with the opinions and judgments of the Supreme Court of Florida.”
This quote details the specific actions taken by the District Court of Appeal to comply with the Supreme Court's mandate.
The Florida District Court of Appeal had previously affirmed a final judgment from the Circuit Court for Dade County. However, the Florida Supreme Cou…
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 May 28, 1968 (211 So.2d 223) affirming the final judgment 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 opinions and judgments filed July 16, 1969 and November 14, 1969 rehearing and mandate dated November 14, 1969, 228 So.2d 281, quashed this court’s judgment with directions to remand the cause to the trial court for further proceedings.
Now, therefore, it is Ordered that the mandate of this court heretofore issued in this cause on June 26, 1968 is withdrawn, the opinion and judgment of this court filed May 28, 1968 is vacated, the said opinions and judgments of the Supreme Court of Florida are herewith made the opinion and judgment of this court and the final judgment of the circuit court appealed from in this cause is reversed and the cause is remanded for further proceedings consistent with the opinions and judgments of the Supreme Court of Florida. Costs allowed shall be taxed in the circuit court (Rule 3.16(b) Florida Appellate Rules, 32 F.S.A.).
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Swindle v. Reid, 242 So. 2d 751 (Fla. 4th DCA 1970)…, dismissal of an action with prejudice is a.drastic punishment and should not be invoked except in those cases where the conduct of the party shows a deliberate and contumacious disregard of the court’s authority. State v. Fattorusso, Fla.App.1969, 228 So. 2d 630. We deem it important to note that the order of dismissal in this case did not contain any finding by the trial court that the plaintiff’s failure to fully comply with the order to produce was due to a refusal to do so. Instead, the court merely fo…
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Owens-Illinois, Inc. v. Lewis, 260 So. 2d 221 (Fla. 1st DCA 1972)…dismissal of an action with prejudice is a drastic punishment and should not be invoked except in those cases where the conduct of the party shows a deliberate and contumacious disregard of the court’s authority. State v. Fattorusso, Fla.App.1969, 228 So. 2d 630. “ * * * Since the trial court did not expressly find, and the record does not conclusively reveal, that the plaintiff’s failure to produce was a refusal to obey, we hold that the court abused its discretion in dismissing the complaint with prejudi…
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In re Est. of Dorothea A. ULM, 345 So. 2d 1099 (Fla. 2d DCA 1977)…71 So. 2d 581 (Fla. 3d DCA 1965). Dismissal of an action with prejudice is a drastic punishment which should not be imposed unless the actions of the party show a deliberate and insubordinate disregard for the court’s authority. State v. Fattorusso, 228 So. 2d 630 (Fla. 3d DCA 1969). In the case at hand, the petition was filed after the effective date of the new Florida Probate Code. Apparently, however, the appellant’s counsel proceeded according to former probate practice under which service of original pr…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Headley v. Baron, 228 So. 2d 281 (Fla. 1969)
- Edelstein v. Medow, 211 So. 2d 223 (Fla. 3d DCA 1968)
- Headley v. Baron, 211 So. 2d 223 (Fla. 3d DCA 1968)