HOME SAVINGS & LOAN ASSOCIATION OF FLORIDA, APPELLANT,
v.
ROBERT A. EPPERSON AND TURTLE REEF ASSOCIATES, ET AL., 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 trial court's delay in issuing execution on a prior judgment, despite a clear mandate from this court, was an improper alteration of the appellate court's order and must be reversed.
Following a prior appellate decision reversing a money judgment, the trial court entered a new judgment in favor of Home Savings but withheld executio…
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.
PER CURIAM.
In Home Savings and Loan Ass’n v. Turtle Reef Associates, 409 So. 2d 1191 (Fla. 4th DCA 1982), this Court reversed a money judgment and issued its mandate. Upon consideration, the trial court issued its judgment in accordance with a mandate, and did two things:
A. The earlier judgment in question having been paid, the court correctly undertook to undo what it had done by now entering judgment in favor of Home Savings and Loan Association of Florida against W.R. Scott, as receiver of Turtle Reef Associates, Inc., in the sum of $120,-885.30. We affirm this portion of the appealed judgment.
B. The appealed judgment withheld execution on the judgment pending further order of the Court. The beneficiary of the judgment, Home Savings, appeals. We reverse and remand with directions to issue execution at once without qualification or restriction.
Without laboring the issue the trial court’s action in denying or delaying execution, however well intentioned, is nothing more or less than an effort to alter the letter and spirit of this Court’s opinion in Home Savings and Loan Ass’n v. Turtle Reef Associates, supra, and the consequent mandate. As such, the effort must be reversed. Berger v. Leposky, 103 So. 2d 628 (Fla.1958); Silverman v. Lichtman, 296 So. 2d 495 (Fla. 3d DCA 1974); Blackhawk Heating & Plumbing Co. v. Data Lease Financial Corp., 328 So. 2d 825 (Fla.1975) and Robbins v. Pfeiffer, 407 So. 2d 1016 (Fla. 5th DCA 1981).
It should be clearly understood that our gaze here is limited to the issue of compliance with the mandate. We offer no opinion or inference as to the undecided underlying issues in this litigation.
Reversed and remanded for further proceedings consistent herewith.
HERSEY and WALDEN, JJ., concur. ANSTEAD, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ivory Wilcox and Ana Lee Wilcox v. Hotelerama Assocs., Ltd., 619 So. 2d 444 (Fla. 3d DCA 1993)…ay, shape, or form. Nicholson v. Ariko, 565 So. 2d 843 (Fla. 5th DCA 1990); Florida Power and Light v. Flichtbeil, 513 So. 2d 1078 (Fla. 5th DCA 1987), review denied, 520 So. 2d 585 (Fla.1988); Home Savings & Loan Association of Florida v. Epperson, 427 So. 2d 246 (Fla. 4th DCA 1983); Stuart v. Hertz Corp., 381 So. 2d 1161 (Fla. 4th DCA 1980); In re Vermeulen, 122 So. 2d 318 (Fla. 1st DCA 1960). In the original appeal, this Court ordered that the cause be reversed for a new trial. The holding of a new trial…
-
Citibank, N.A. v. Plapinger, 469 So. 2d 144 (Fla. 3d DCA 1985)…e unreasonable delay in carrying out our mandate. See Blackhawk Heating & Plumbing Co. v. Data Lease Financial Corp., 328 So. 2d 825 (Fla.1975) (six months delay in carrying out mandate violates mandate); Home Savings & Loan Association v. Epperson, 427 So. 2d 246 (Fla. 4th DCA 1983) (trial court’s withholding of execution on judgment, however well intentioned, constitutes unauthorized effort to alter mandate); Silverman v. Lichtman, 296 So. 2d 495 (Fla. 3d DCA 1974) (trial court’s order allowing 180 days for…
Authorities Cited
- Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp., 328 So. 2d 825 (Fla. 1975)
- Berger v. Leposky, 103 So. 2d 628 (Fla. 1958)
- Robbins v. The Honorable Frederick Pfeiffer, 407 So. 2d 1016 (Fla. 5th DCA 1981)
- Goodman v. Broxmeyer, 296 So. 2d 495 (Fla. 3d DCA 1974)
- Silverman v. Lichtman, 296 So. 2d 495 (Fla. 3d DCA 1974)
- Home Sav. & Loan Ass'n OF Fla. v. Turtle Reef Assocs., Inc., 409 So. 2d 1191 (Fla. 4th DCA 1982)