FIRST NATIONAL BANK OF LEESBURG, APPELLANT,
v.
HECTOR SUPPLY COMPANY, A FLORIDA CORPORATION, ET AL., APPELLEES
ORDER ON MANDATE
Whereas, the judgment of this court was entered on June 2, 1970 (236 So.2d 204) affirming the summary judgment of the Civil Court of Record 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 October 27, 1971 (254 So.2d 777) and mandate now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida,
Now, therefore, It is Ordered that the opinion and judgment of this court heretofore filed in this cause on June 2, 1970 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the summary judgment appealed from in this cause is reversed and the cause is remanded for further proceedings consistent with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the Civil Court of Record (Rule 3.16b, Florida Appellate Rules, 32 F.S.A.).
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Citator
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In re Est. of Eurith Dickinson Rivers, Sr., 273 So. 2d 134 (Fla. 3d DCA 1973)…an incompetent beneficiary under a testamentary trust. The earlier order was reversed by this court as being contrary to the provisions of the will for payment thereof to the trustees. Our judgment of reversal (In re Estate of Rivers, Fla.App.1972, 257 So. 2d 83) did not contain directions to the trial court as to further proceedings. However, consistent with this court’s ruling, the trial court then made the order for repayment of said monies to the Rivers estate, and denied the request made on behalf of t…1 / 2
Authorities Cited
- First Nat'l Bank OF Leesburg v. Hector Supply Co., 254 So. 2d 777 (Fla. 1971)
- First Nat'l Bank OF Leesburg v. Hector Supply Co., 236 So. 2d 204 (Fla. 3d DCA 1970)