ROBERT SOBEL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
WHEREAS, the judgment of this court was entered on August 30, 1977 (349 So. 2d 747) reversing the judgment and sentence of the Circuit Court of Dade County, Florida, in the above styled cause; and
WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, 363 So. 2d 324, by its opinion and judgment dated July 20,1978 now lodged in this court, quashed this court’s judgment with directions to reinstate the judgment and sentence of the trial court;
NOW, THEREFORE, It is Ordered that the mandate of this court heretofore issued in this cause on September 30, 1977 is withdrawn, the judgment of this court filed August 30, 1977 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the judgment and sentence of the trial court is reinstated and affirmed. Costs allowed shall be taxed in the criminal court (Rule 9.400(a) Florida Rules Appellate Procedure).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Waterman Mem'l Hosp. Ass'n, Inc. v. Division OF Retirement, 424 So. 2d 57 (Fla. 1st DCA 1982)…for participation, even though it may appear to be eligible, and even though it seeks admission and subsequently participates for an extended period of time. Our holding is consistent with the teaching of this court’s decision in Martin v. Williams, 364 So. 2d 549 (Fla. 1st DCA 1978), although the facts in that case are distinguishable. Appellant may have believed in good faith that it was eligible to bring its employees within the provisions of the state retirement system, yet it was not and never has been e…
Authorities Cited
- State v. Sobel, 363 So. 2d 324 (Fla. 1978)
- Sobel v. State, 349 So. 2d 747 (Fla. 3d DCA 1977)