PAT. L. TORNILLO, JR., APPELLANT,
v.
THE MIAMI HERALD PUBLISHING COMPANY, A DIVISION OF KNIGHT NEWSPAPERS, INC., APPELLEE

Fla. | 1974-09-20
No. 43009
ADKINS, C. J., ROBERTS, BOYD, McCAIN, and DEKLE, JJ., and RAWLS, District Court of Appeal Judge, concur.
303 So. 2d 21 Florida Supreme Court (1974) Positive Treatment
Cited by 14 cases
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Mandate Of The Supreme Court

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Opinion of the Court

Order After Remand

WHEREAS, the Judgment of this Court was entered on July 18, 1973, petition for rehearing denied by opinion on October 10, 1973, reversing the Judgment of the Circuit Court in and for Dade County, Florida in the above cause, and

WHEREAS, the Judgment of this Court was reversed by the Supreme Court of the United States on June 25, 1974, with costs, and

WHEREAS, by the Mandate of the Supreme Court of the United States now lodged in this Court the cause was remanded for further proceedings in conformity with the Judgment and Decree of the Supreme Court of the United States, therefore, it is

ORDERED AND ADJUDGED that the Judgment of this Court reversing the Judgment of the Circuit Court in and for Dade County, Florida in said cause be now reconsidered and that the Judgment of said Circuit Court be and is hereby affirmed with costs. 287 So. 2d 78.

ADKINS, C. J., ROBERTS, BOYD, McCAIN, and DEKLE, JJ., and RAWLS, District Court of Appeal Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Gore v. Harris, 772 So. 2d 1243 (Fla. 2000)
    …(Fla. 1st DCA 1982) (involving allegations of enumerated acts asserted to constitute fraud and misrepresentation' to the electorate sufficient to produce a different result) (citing Nelson v. Robinson, 301 So. 2d 508 (Fla. 2d DCA 1974), cert, denied 303 So. 2d 21 (Fla.1974) (involving a post-election challenge to a form of ballot which listed the candidates for a single office in alphabetical order using the same color ink, but on different lines)). . Cf. Standard Jury Instructions in Criminal Cases, 697 So…
  • Durwood Smith v. Tynes, 412 So. 2d 925 (Fla. 1st DCA 1982)
    …a reasonable possibility that election results could have been altered by [*927] the irregularities; a reasonable probability that the results would have been changed must be shown. Nelson v. Robinson, 301 So. 2d 508 (Fla. 2d DCA 1974), cert. denied 303 So. 2d 21 (Fla.1974). The Florida Supreme Court noted recently that the statutory election contest has been interpreted to permit examination only of the balloting and counting process and that no authority has been found to extend the contest to areas outsid…
  • Winterfield v. Town OF Palm Beach & the State of Fla., 455 So. 2d 359 (Fla. 1984)
    …cannot stand by with full knowledge and acquiesce in this type of conduct prior to an election and then, after being disappointed by the results, successfully overturn the election.”); Nelson v. Robinson, 301 So. 2d 508 (Fla. 2d DCA), cert. denied, 303 So. 2d 21 (Fla.1974) (losing candidate’s challenge to name placement on the ballot may have been enforceable before election, but not after); Speigel v. Knight, 224 So. 2d 703, 706 (Fla. 3d DCA 1969) (“A different rule applies to technical or procedural irreg…

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