ANGELINA PATTY, APPELLANT,
v.
FOOD FAIR STORES OF FLORIDA, INC., APPELLEE
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This case involves a procedural maneuver where an appellate court, after initially reversing a lower court's judgment, was compelled to affirm that judgment following a Supreme Court decision that quashed the appellate court's reversal. The Supreme Court's intervention effectively reinstated the original circuit court ruling.
The District Court of Appeal affirmed the judgment of the circuit court. The appellate court's prior judgment of reversal was vacated, and its earlier mandate was withdrawn.
“Whereas, the judgment of this court was entered on the 8th day of April, 1958 (101 So. 2d 881) reversing the judgment of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause; and Whereas, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed February 13, 1959 (109 So. 2d 5) quashed this court's judgment of reversal; and Whereas, by the mandate of the Supreme Court of Florida now lodged in this court the cause was remanded with directions to enter an order consistent with the said judgment and opinion of the Supreme Court of Florida;”
This quote outlines the procedural history, detailing the initial reversal by the District Court of Appeal, the subsequent quashing of that reversal by the Supreme Court, and the remand with instructions.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal initially reversed a judgment from the Circuit Court. However, the Supreme Court of Florida reviewed this reversal and qu…
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Whereas, the judgment of this court was entered on the 8th day of April, 1958 (101 So.2d 881) reversing the judgment of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause; and
Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed February 13, 1959 (109 So.2d 5) quashed this court’s judgment of reversal; and
Whereas, by the mandate of the Supreme Court of Florida now lodged in this court the cause was remanded with directions to enter an order consistent with the said judgment and opinion of the Supreme Court of Florida;
Therefore, it is Ordered that the mandate of this court issued in this cause on May 5, 1958, is withdrawn, the judgment of this court filed April 8, 1958, is vacated, and the said judgment of the circuit court appealed from in this cause is affirmed; costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Food Fair Stores OF Fla., Inc. v. Patty, 109 So. 2d 5 (Fla. 1959)
- Patty v. Food Fair Stores OF Fla., Inc., 101 So. 2d 881 (Fla. 3d DCA 1958)