ST. JOE PAPER COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
DAN F. MICKLER ET AL., APPELLEES
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ORDER ON MANDATE
Whereas, the judgment and decision of this court in the above case was filed November 17, 1970, and reported in 241 So.2d 415, wherein the judgment of the Circuit Court for St. Johns County was affirmed,
Whereas, this decision and judgment was reviewed by the Supreme Court of Florida by certiorari proceedings and this Court’s judgment and decision was quashed,
Whereas, the Mandate of the Supreme Court of Florida has been filed with this court, therefore,
It is ordered that the judgment and opinion of this court filed November 17, 1970, be set aside and held for naught and the opinion and judgment of the Supreme Court of Florida filed July 21, 1971, 252 So.2d 225, be adopted as this court’s opinion and judgment and same shall accompany the mandate of this court to the Circuit Court for St. Johns County, with directions to enter a judgment extending “agricultural zoning” to the land involved.
SPECTOR, C. J., and CARROLL, DONALD K., and WIGGINTON, JJ, concur.
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Terry v. State, 302 So. 2d 142 (Fla. 1st DCA 1974)…he accused is then on trial.” (Emphasis supplied) The above rule was adopted from § 918.10, Florida Statutes, with “only minor modification as to terminology” (see committee note to Rule 3.390), and our sister court in Connor v. State, Fla.App.(2d) 253 So. 2d 160 (1971), held that the statute was at best directory and not binding on the courts. This ruling was grounded upon the law as stated by the Supreme Court in Simmons v. State, Fla., 36 So. 2d 207 (1948). There the Supreme Court held that if the statute…
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Gordan v. State, 288 So. 2d 295 (Fla. 4th DCA 1974)…dges to instruction of the jury only after final argument of counsel, it is merely directory and not binding, see Simmons v. State, 1948, 160 Fla. 626, 36 So. 2d 207; McBride v. State, Fla.App.1967, 197 So. 2d 850; and Conner v. State, Fla.App.1971, 253 So. 2d 160. We are not unmindful of Bass v. State, 1935, 121 Fla. 208, 163 So. 485, which appears to hold that a cautionary instruction should be given before an accomplice’s testimony is heard. That case does not relate to similar fact evidence and it is obvi…
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Authorities Cited
- ST. JOE Paper Co. v. Mickler, 252 So. 2d 225 (Fla. 1971)
- Conrad v. Sapp, 252 So. 2d 225 (Fla. 1971)
- ST. JOE Paper Co. v. Mickler, 241 So. 2d 415 (Fla. 1st DCA 1970)