SYLVIA SALAS AND RAMON SALAS, INDIVIDUALLY AND AS GUARDIAN OF SYLVIA SALAS, A MINOR, APPELLANTS,
v.
LIBERTY MUTUAL FIRE INSURANCE COMPANY, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1973-02-26
No. 70-792
Before BARKDULL, C. J., and CHARLES CARROLL and HENDRY, JJ.
273 So. 2d 96 Florida District Court of Appeal, Third District (1973) Caution
Cited by 25 cases


Opinion of the Court
PER CURIAM.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on April 27, 1971 (247 So.2d 528) affirming the judgment of the Circuit Court 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 December 13, 1972 (272 So.2d 1) and mandate now lodged in this court, quashed this court’s judgment and remanded the cause with instructions.

Now, therefore, It is Ordered that the mandate of this court heretofore issued on May 26, 1971 is withdrawn, the judgment of this court filed herein on April 27, 1971 is vacated the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the judgment of the circuit court appealed from herein is reversed and remanded to the circuit court for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, F.A.R. 32 F.S. A.).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (13 total)

  • …So. 2d 43 (Fla.1972). . 251 So. 2d 665 (Fla.1971). e. g. First Atlantic National Bank v. Cobbett, 82 So. 2d 870 (Fla.1955) ; In Re Baldridge’s Estate, 74 So. 2d 658 (Fla.1954) ; Povia v. Melvin, 66 So. 2d 494 (Fla.1953) ; Ford Motor Co. v. Waters, 273 So. 2d 96 (Fla.App. 3d 1973) ; Nixon Construction Co. v. Dover, 218 So. 2d 458 (Fla.App. 1st 1969) ; St. Paul Mercury Ins. Co. v. Conley, 201 So. 2d 618 (Fla.App. 4th 1967) ; 2 Fla.Jur. Appeals, § 346 (1963). . City of Hollywood, supra, at 868-870. . Webste…
  • Quest v. Barnett Bank OF Pensacola, 397 So. 2d 1020 (Fla. 1st DCA 1981)
    …upon a course of past dealings and prior agreements'which had existed between the parties permitting the account to be overdrawn until the indebtedness was extinguished by the collection of receivables. She cites Ford Motor Credit Company v. Waters, 273 So. 2d 96 (Fla.3d DCA 1973), as authority for her position, which held that because the buyer’s pattern of payments was irregular and deviated substantially from the terms of the contract, the seller could not retake the goods without notice and without deman…
  • Raffa v. The Dania Bank & Bruce Fletcher, 321 So. 2d 83 (Fla. 4th DCA 1975)
    …claims, however, that, under the circumstances of this case, and despite the provisions of the agreement to the contrary, she was entitled to notice from the Bank before the repossession took place. In Ford Motor Credit Co. v. Waters, Fla.App.1973, 273 So. 2d 96, 99- [*86] 100, the Court, following Commercial Credit Co. v. Willis, 126 Fla. 444, 171 So. 304 (1936), held that past acceptances of late payments without repossession might give rise to a right by the purchaser to rely upon that course of conduct…

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