THE SOCIETY FOR THE WELFARE OF ANIMALS, INC., APPELLANT,
v.
DAVID B. WALRATH, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida District Court of Appeal vacated its prior affirmance and remanded for reconsideration in light of Bates v. State Bar of Arizona, ultimately directing dismissal of the animal welfare organization's complaint.
The Circuit Court's dismissal of the complaint must be affirmed following the Supreme Court of the United States' vacation and remand for reconsideration under Bates v. State Bar of Arizona.
The Society for the Welfare of Animals, Inc. brought a complaint against David B. Walrath in the Circuit Court of the Eleventh Judicial Circuit in Dad…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Remand For Reconsideration cases and more on FLexlaw
PER CURIAM.
Whereas, the judgment and decision of this, court in this cause was filed March 15, 1977 and reported in 343 So. 2d 934, wherein the final decree of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida was affirmed; and Whereas, said decision and final decree was declined review by the Supreme Court of Florida by certiorari proceedings, 358 So. 2d 134; and Whereas, in the October Term, 1978, the said cause came on to be heard before the Supreme Court of the United States on petition for writ of certiorari to this Court and response thereto; and Whereas, the mandate of the Supreme Court of the United States has been filed with this Court, which said mandate was predicated upon the order and judgment of the Supreme Court of the United States, entered October 2, 1978, - U.S. -, 99 S.Ct. 68, 58 L.Ed.2d 102, which said judgment vacated the judgment of this court first above mentioned and remanded the case to this Court for consideration in light of Bates v. State Bar of Arizona, 433 U.S. 350, 97 S.Ct. 2691, 53 L.Ed.2d 810 (1977); accordingly,
The judgment and opinion of this Court filed March 15, 1977 is set aside and held for naught, and the opinion and judgment of the Supreme Court of the United States filed October 2, 1978 is adopted as this Court’s opinion and judgment and the same shall accompany the mandate of this Court to the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida; and, accordingly,
The Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, is directed to dismiss the original complaint at the cost of the plaintiff.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
COX v. Mason G. O'Neal, Jr., 407 So. 2d 1090 (Fla. 3d DCA 1982)…FERGUSON, Judge. In the first appeal of this case, reported at 364 So. 2d 528 (Fla.3d DCA 1978), the court framed the issue as “whether, in light of the trust agreement, appellee (O’Neal) was to share solely in the profits of the joint venture or be susceptible to losses incurred by the venture, as well.” In resolving the dis…
Authorities Cited
- Bates v. State Bar of Ariz., 433 U.S. 350 (U.S. 1977)
- The Soc'y FOR the Welf. OF Animals, Inc. v. Walrath, 343 So. 2d 934 (Fla. 3d DCA 1977)