CITY OF WEST MIAMI, FLORIDA, A MUNICIPAL CORPORATION, APPELLANT,
v.
JOSEPH P. ISERN, ECONO-WAY EXTERMINATING COMPANY, INC., A FLORIDA CORPORATION, AND RICHARD E. GERSTEIN, STATE ATTORNEY, APPELLEES. CITY OF WEST MIAMI, FLORIDA, A MUNICIPAL CORPORATION, APPELLANT, V. CHAS. T. PIERCE & SONS, INC., A FLORIDA CORPORATION, AND RICHARD E. GERSTEIN, STATE ATTORNEY, APPELLEES
Explore caselaw by topic → Browse Vacating Judgment cases and more on FLexlaw
ORDER ON MANDATE
Whereas, the judgment of this court was entered on January 6, 1970 (Fla.App., 229 So.2d 612) reversing the judgments 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 and judgment filed February 17, 1971, Fla., 244 So.2d 420 and mandate dated March 5, 1971, now lodged in this court, quashed this court’s judgment and remanded the cause with instructions to reinstate the judgments of the circuit court;
Now, Therefore, It is Ordered that the mandate of this court heretofore issued in this cause on January 22, 1970 is withdrawn, the opinion and judgment of this court filed January 6, 1970 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the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 judgments of the circuit court appealed from in this cause are reinstated and affirmed. 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
-
Clemente Hernandez v. Nat'l Bank OF Fla., 423 So. 2d 920 (Fla. 3d DCA 1982)…d after default. Travelers Insurance Co. v. Davis, 371 So. 2d 702 (Fla. 3d DCA 1979); Flynt v. Flynt, 336 So. 2d 690 (Fla. 4th DCA 1976); Patricia Russell Designs, Inc. v. Gans, 277 So. 2d 801 (Fla. 3d DCA 1973). See generally Upshaw v. Dade County, 247 So. 2d 337 (Fla. 3d DCA 1971). Accordingly, the order appealed from is reversed and the cause remanded to the court below with directions to hold an evidentiary hearing to determine the validity of service of process upon the appellee.…
Authorities Cited
- City OF W. Miami v. Isern, 229 So. 2d 612 (Fla. 3d DCA 1970)
- Isern v. City OF W. Miami, 244 So. 2d 420 (Fla. 1971)