DEAUVILLE CORPORATION, A DELAWARE CORPORATION, AND THE NEW DEAUVILLE, A NEW JERSEY CORPORATION,
v.
IVY T. BLOUNT, AS TRUSTEE, ET AL.
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The Florida Supreme Court granted interlocutory certiorari to quash a lower court's order that denied a motion to dismiss. The Supreme Court found that its prior judgment mandated dismissal of the case, and the lower court erred by allowing further proceedings.
Yes, the lower court erred. The Supreme Court's prior opinion and judgment were determinative of the cause, and the only appropriate order in the lower court should have been one of dismissal.
“It is our view that the opinion and judgment of this Court dated April 16, 1946, was determinative of the cause and the only order to be entered in the lower court was one of dismissal.”
This quote establishes the core reasoning for quashing the lower court's order, emphasizing that the prior Supreme Court judgment dictated dismissal.
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Join FLexlaw to unlock all legal intelligenceFollowing a prior judgment from the Florida Supreme Court, the lower court entertained a motion to dismiss the original bill of complaint. The Chancel…
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In the case at bar a mandate to the lower court issued on our opinion and judgment dated April 16, 1946. The Chancellor below, after assuming jurisdiction, entertained and heard a motion to dismiss the original bill of complaint; and, after argument of counsel, entered an order on May 20, 1946, overruling and denying the motion to dismiss and directed that an answer to the original bill of complaint be filed within twenty days. On petition for interlocutory certiorari under Rule 34 we are requested to quash the order here complained of.
It is our view that the opinion and judgment of this Court dated April 16, 1946, was determinative of the cause and the only order to be entered in the lower court was one of dismissal. Therefore the petition for interlocutory certiorari is hereby granted and the order dated May 20, 1946, as entered below is hereby quashed, without prejudice to the entry of appropriate orders for the payment of costs and expenses lawfully incurred to date hereof.
CHAPMAN, C. J., TERRELL, BUFORD and ADAMS, JJ., concur.
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Deauville Corp. v. IVY T. Blount, 160 Fla. 286 (Fla. 1948)…ADAMS, J.: This appeal relates to the propriety of an award of fees to a receiver and the attorneys for the receiver. A receiver was appointed for the Deauville Corporation. Upon review to this court we held in Deauville Corporation v. Blount, 157 Fla. 753, 26 So. (2nd) 884: “It is our view that the opinion and judgment if this Court dated April 16, 1946, was determinative of the cause and the [*287] only order to be entered in the lower court was one of dismissal. Therefore the petition for interloc…