RUBIN BOWDEN

v.

STATE OF FLORIDA

Citator

Cited By

• Hamel v. Danko, 82 So. 2d 321 (Fla. 1955)
  …ri established the law of the case which is binding upon all parties in the absence of intervening facts on the record to change the status of the parties with reference to those orders. Hunter v. Tyner, 151 Fla. 707, 10 So. 2d 492; Hager v. Butler, 156 Fla. 113, 22 So. 2d 631; Davis v. Strople, 158 Fla. 614, 29 So. 2d 364, 39 So. 2d 468. The appellant contends the efficacy of the cases relied upon by appellee is overridden by Section 59.021, F.S.1953, F.S.A., being [*322] C. 25116,. Acts of 1949,- Laws of…
• Sunbeam Corp. v. Masters OF Miami, Inc., 225 F.2d 191 (5th Cir. 1955)
  …held that an earlier decision in that case holding merely ‘petition for certiorari denied’ conclusively settled the law of the case on the point raised. The Court cited as authority Hunter v. Tyner [151 Fla. 707, 10 So. 2d 492] and Hager v. Butler [156 Fla. 113, 22 So. 2d 631]. “The dissent in the Davis case argued that a denial of certiorari without opinion, in a prior interlocutory appeal should not be considered as an affirmance of the order reviewed, establishing the law of the case, but on the contra…
• Miami Parts & Spring, Inc. v. Champion Spark Plug Co., 364 F.2d 957 (5th Cir. 1966)
  …he bill and also to hold the evidence insufficient to sustain the decree. By reason of our previous decisions we will not now, a second time, consider whether the bill is sufficient. See Hunter v. Tyner, 151 Fla. 707, 10 So. 2d 492; Hager v. Butler, 156 Fla. 113, 22 So. 2d 631." Davis v. Strople, supra, was heard en banc. One judge dissented. It is significant that the dissenting judge took the position that certiorari under Rule 34 was not a writ of right and rested in the sound discretion of the court, a…