BANYAN CAFETERIAS, INC., NO. 3, A FLORIDA CORPORATION, APPELLANT,
v.
THE FAITH LUTHERAN CHURCH OF HIALEAH, FLORIDA, A NON-PROFIT FLORIDA CORPORATION, H. H. WEICHMANN, EARL BRICK, AND ARTHUR FELDMAN, APPELLEES
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This case involves a procedural adjustment where the Florida District Court of Appeal vacated its prior judgment to conform with a directive from the Florida Supreme Court, which had affirmed the District Court's judgment with modifications. The case is remanded to the circuit court for further proceedings consistent with both opinions.
The District Court of Appeal's prior judgment and decision are vacated and withdrawn to the extent they conflict with the Florida Supreme Court's opinion, and the Supreme Court's opinion is adopted as the judgment of the District Court of Appeal.
“WHEREAS, the judgment of this court was entered on May 15, 1962 (141 So. 2d 5), affirming, as modified, the order of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Dade County, 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 20, 1963, 151 So. 2d 426, affirmed this court's judgment with directions for further proceedings; . and WHEREAS, by the mandate of the Supreme Court of Florida, dated March 18, 1963, now lodged in this court, the cause was remanded for such further proceedings;”
Establishes the procedural history and the Supreme Court's intervention.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed an order from the circuit court. The Florida Supreme Court reviewed this judgment and affirmed it…
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WHEREAS, the judgment of this court was entered on May 15, 1962 (141 So.2d 5), affirming, as modified, the order of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Dade County, 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 20, 1963, 151 So.2d 426, affirmed this court’s judgment with directions for further proceedings; . and
WHEREAS, by the mandate of the Supreme Court of Florida, dated March 18, 1963, now lodged in this court, the cause was remanded for such further proceedings;
NOW, THEREFORE, it is Ordered that the mandate of this court issued in this cause on June 4, 1962, is withdrawn, the judgment and decision of this court, filed in this cause on May 15, 1962, insofar as it is in conflict with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida, dated February 20, 1963, aforesaid, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The opinion and judgment of this court, except as withdrawn and vacated as aforesaid, is adhered to; and the cause is remanded to the Circuit Court “with directions to proceed in accordance with this [Supreme Court] opinion and such of the opinion of the District Court of Appeal as is not in conflict with the views we [the Supreme Court] have expressed.” Costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, Florida Appellate Rules), 31 F.S.A.
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Citator
Authorities Cited
- Banyan Cafeterias, Inc. v. The Faith Lutheran Church OF Hialeah, 141 So. 2d 5 (Fla. 3d DCA 1962)
- Banyan Cafeterias, Inc. v. The Faith Lutheran Church OF Hialeah, 151 So. 2d 426 (Fla. 1963)