DANA P. BRIGHAM, APPELLANT,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Whereas, the judgment of this court was entered on December 18, 1973 (287 So. 2d 748(4)) affirming the order 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 November 13, 1974 (305 So. 2d 756) and mandate now lodged in this court quashed this court’s judgment with directions;
Now, therefore, It is ordered that the mandate of this court heretofore issued in this cause on January 7, 1974 is withdrawn, the opinion and judgment of this court filed December 18, 1973 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the order of the trial court appealed herein is vacated and the cause remanded for further proceedings under the writ of certiorari in the trial court as may thereafter be deemed advisable. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, F.A.R.).
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L. C. Morris, Inc. v. Allison, 353 So. 2d 135 (Fla. 3d DCA 1977)…the judgment and that the jury verdict in favor of appellant should be reinstated. The prior history of the instant case on appeal may be found in L. C. Morris, Inc., v. Allison, 277 So. 2d 28 (Fla. 3d DCA 1973), and L. G. Morris, Inc., v. Allison, 309 So. 2d 9 (Fla. 3d DCA 1975). Except to the extent discussed herein, it is unnecessary for us to reiterate these proceedings. In L. C. Morris, Inc., v. Allison, 309 So. 2d 9 (Fla. 3d DCA 1975), we held that a jury issue was created on Count III of appellant’…1 / 2
Authorities Cited
- Brigham v. Dade Cnty., 305 So. 2d 756 (Fla. 1974)
- Mendez v. W. Flagler Fam. Ass'n, Inc., 287 So. 2d 748 (Fla. 3d DCA 1973)
- Brigham v. Dade Cnty., 287 So. 2d 748 (Fla. 3d DCA 1973)