MORRY WINGOLD ET AL., APPELLANTS,
v.
BERNARD H. HOROWITZ ET AL., APPELLEES
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PER CURIAM.
Whereas, the judgment of this court was entered on March 6, 1974 (274 So. 2d 591) affirming in part and modifying in part the final 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 by its opinion and judgment filed March 13, 1974 (292 So. 2d 585) and mandate now lodged in this court, reversed 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Now, therefore, It is Ordered that the mandate of this court heretofore issued on April 4, 1973 is withdrawn, this court’s judgment filed March 6, 1973, insofar as it is in conflict with the said opinion and judgment of the Supreme Court of Florida, is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment .of this court and the cause is remanded to the circuit court for, further proceedings in accordance with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, F.A.R. 32 F.S.A.).
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In re Equitable Dev. Corp. v. Morry Wingold & W & G Holdings, Ltd., 617 F.2d 1152 (5th Cir. 1980)…found that the trial court had incorrectly applied the Bahamian remedial law in its decree, and reversed and remanded the case for further proceedings consistent with its decision. Subsequently, an Order and Mandate was issued by the Third District, 294 So. 2d 716 (Fla.App. 3d Dist. 1974), and an amended final decree was issued by [*1154] the Circuit Court on November 15, 1974. However, a Motion for Rehearing filed November 25, 1974 directed to that amended final decree was still pending at the time EDC filed…
Authorities Cited
- Morry Wingold & W & G Holdings Ltd. v. Horowitz, 292 So. 2d 585 (Fla. 1974)
- Morry Wingold v. Horowitz, 274 So. 2d 591 (Fla. 3d DCA 1973)