VINCENT CATALDO, APPELLANT,
v.
RADER & ASSOCIATES ET AL., APPELLEES

Fla. 3d DCA | 1973-11-14
No. 71-1327
285 So. 2d 66 Florida District Court of Appeal, Third District (1973) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Whereas, the judgment of this court was entered on December 5, 1972 (270 So. 2d 405) affirming the final summary judgment of the Circuit Court of Dade County, Florida, in the above styled cause; and Whereas, on review of this court s judgment, by certiorari, the Supreme Court of Florida, 287 So. 2d 63 by its opinion and judgment filed June 27, 1973 and mandate now lodged in this court quashed this court’s judgment and remanded the cause for further proceedings;

Now, Therefore, It is Ordered that the mandate of this court heretofore issued on January 9, 1973 is withdrawn, the judgment of this court filed December 5, 1972 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and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 final summary judgment of the circuit court appealed from is reversed and the cause is remanded 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.).


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  • Clements v. State, 340 So. 2d 1182 (Fla. 4th DCA 1976)
    …asked to grant an evidentiary hearing. Therefore, we see no reason of record to reject the denial by the trial court of an evidentiary hearing based on a motion defective in form. See State v. Reynolds, 238 So. 2d 598 (Fla.1970) and Hons v. State, 285 So. 2d 66 (Fla.2d DCA 1973). AFFIRMED. CROSS, J., and SMITH, ROBERT P„ Jr., Associate Judge, concur.…

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