RAFAEL TORRES, ET AL., PETITIONERS,
v.
HON. ROSEMARY USHER JONES, ETC., ET AL., RESPONDENTS
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Trial court erred by modifying the appellate mandate establishing joint and several liability; appellate court directed trial court to enter judgment against both defendants as mandated.
A trial court has no discretionary power to alter or modify an appellate court's mandate and must enter judgment consistent with the appellate court's determination of joint and several liability.
[1] Upon issuance of an appellate mandate, a trial court's function is purely ministerial and it lacks discretionary power to alter, modify, or change the appellate court's o…
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Join FLexlaw to unlock all legal intelligence“A trial court's role upon the issuance of a mandate from an appellate court becomes purely ministerial, and its function is limited to obeying the appellate court's order or decree.”
Establishing the ministerial duty of trial courts upon receipt of appellate mandate
In Torres v. K-Site 500 Assocs., the appellate court determined that two defendants, K-Site 500 Associates and Chicago Title, were jointly and several…
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PER CURIAM.
On a Motion to Enforce Mandate, we find the petitioner’s position well taken and direct the trial court to follow the mandate of this court in Torres v. K-Site 500 Assocs., 632 So. 2d 110 (Fla. 3d DCA 1994).
A trial court’s role upon the issuance of a mandate from an appellate court becomes purely ministerial, and its function is limited to obeying the appellate court’s order or decree. O.P. Corp. v. Village of North Palm Beach, 302 So. 2d 130 (Fla.1974); Berger v. Leposky, 103 So. 2d 628 (Fla.1958); Wilcox v. Hotelerama Assocs., Ltd., 619 So. 2d 444 (Fla. 3d DCA 1993); Milton v. Keith, 503 So. 2d 1312 (Fla. 3d DCA 1987). A trial court does not have discretionary power to alter or modify the mandate of an appellate court in any way, shape or form. Wilcox, 619 So. 2d at 446. This court determined that the two defendants, K-Site 500 Associates and Chicago Title, were jointly and severally liable. It was error for the trial court to modify the final judgment on remand, and to change the law of the case as determined by the highest court hearing the case. Ungar v. Petro Gas Industrienlagen CMBH & Co. Bietriebs KG Dusseldorf, 532 So. 2d 1099 (Fla. 3d DCA 1988) (citing Brunner Enters., Inc. v. Department of Revenue, 452 So. 2d 550 (Fla.1984)), rev. denied, 542 So. 2d 991 (Fla.1989).
The trial court is directed to enter a judgment for money damages in favor of the petitioners and against both K-Site and Chicago Title.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brunner Enters., Inc. v. Dep't OF Revenue of the State of Fla., 452 So. 2d 550 (Fla. 1984)
- O. P. Corp. & Wiggs & Maale Constr. Co., Inc. v. The Vill. OF N. Palm Beach, 302 So. 2d 130 (Fla. 1974)
- Berger v. Leposky, 103 So. 2d 628 (Fla. 1958)
- Torres v. K-Site 500 Assocs. & Chicago Title Ins. Co., 632 So. 2d 110 (Fla. 3d DCA 1994)
- Milton v. R.C. Keith, 503 So. 2d 1312 (Fla. 3d DCA 1987)
- Ivory Wilcox and Ana Lee Wilcox v. Hotelerama Assocs., Ltd., 619 So. 2d 444 (Fla. 3d DCA 1993)
- Mauricio Ungar v. Petro GAS Industrienlagen GMBH & Co. Bietriebs KG Dusseldorf, 532 So. 2d 1099 (Fla. 3d DCA 1988)