CONFEDERATION LIFE ASSOCIATION, A CANADIAN CORPORATION, ALSO KNOWN AS LA CONFEDERACION DEL CANADA, APPELLANT,
v.
LEANDRO GOIRICELAYA UGALDE, APPELLEE
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The Florida District Court of Appeal vacated its prior judgment and reversed the summary final judgment, remanding the case with directions to dismiss the complaint, following a reversal by the Florida Supreme Court.
The District Court of Appeal must comply with the Florida Supreme Court's mandate. Therefore, the prior judgment is vacated, and the cause is remanded with directions to dismiss the complaint.
“Now, therefore, it is Ordered that the mandate of this court issued in this cause on April 11, 1963 is withdrawn, so much of -the opinion and judgment of this court filed March 26, 1963 which is in conflict with -the said opinion and judgment of the Supreme Court of Florida, and in particular -the last two (2) paragraphs of this court's -majority opinion, is hereby vacated, the judgment appealed is reversed on the basis of the opinion of this court filed March 26, 1963 and the said opinion of the Supreme Court filed February 24, 1964 and the cause is hereby remanded to the Circuit Court with directions to dismiss the complaint”
This quote details the court's action in vacating its prior judgment and reversing the appealed judgment in accordance with the Supreme Court's mandate.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a summary final judgment for the plaintiff. However, the Florida Supreme Court, on review by cert…
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Whereas, the judgment of this court was entered on March 26, 1963 (151 So.2d 315) affirming, with directions, the summary final 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 24, 1964 (164 So.2d 1) and '.mandate dated April 24, 1964, now lodged •in this court, reversed that portion of this court’s judgment which directed the entry of the judgment for the plaintiff and remanded the cause with directions that the Circuit Court be directed to dismiss the ■complaint;
Now, therefore, it is Ordered that the ■mandate of this court issued in this cause on April 11, 1963 is withdrawn, so much of -the opinion and judgment of this court filed March 26, 1963 which is in conflict with -the said opinion and judgment of the Su■preme Court of Florida, and in particular -the last two (2) paragraphs of this court’s -majority opinion, is hereby vacated, the judgment appealed is reversed on the basis of the opinion of this court filed March 26, 1963 and the said opinion of the Supreme Court filed February 24, 1964 and the cause is hereby remanded to the Circuit Court with directions to dismiss the complaint; costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, F.A.R., 31 F.S. A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Boat Town U. S. A., Inc. v. Mercury Marine Div. OF Brunswick Corp., 364 So. 2d 15 (Fla. 4th DCA 1978)…that state determines and controls the validity, interpretation, and rights and obligations under the contract. Confederation Life Association v. Ugalde, 151 So. 2d 315 (Fla.3d DCA 1963), aff’d in part, rev’d in part, 164 So. 2d 1 (Fla.), on remand 163 So. 2d 343 (Fla.3d DCA), cert. denied 379 U.S. 915, 85 S.Ct. 263, 13 L.Ed.2d 186. In the instant case, both the place of making and of performance are located in Wisconsin. The contract was entered into at Fond du Lac, Wisconsin, the situs of Mercury Marine D…
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Beck v. Pa. Nat'l Mut. Cas. Ins. Co., 429 F.2d 813 (5th Cir. 1970)…sent here Florida courts would look to the substantive law of Pennsylvania, Confederation Life Association v. Ugalde, Fla.Dist.Ct.App.1963, 151 So. 2d 315, affirmed in part, reversed in part on other grounds, Fla., 164 So. 2d 1, on remand, Fla.App., 163 So. 2d 343, cert. denied, 379 U.S. 915, 85 S.Ct. 263, 13 L. Ed.2d 186. Pennsylvania would apply its own law since the policy was issued and delivered there. Moffat v. Metropolitan Casualty Insurance Co. of New York, M.D.Pa.1964, 238 F.Supp. 165; Eastcoast Equi…
Authorities Cited
- Confederation Life Ass'n v. Leandro Goiricelaya Ugalde, 151 So. 2d 315 (Fla. 3d DCA 1963)
- Confederation Life Ass'n v. Leandro Goiricelaya Ugalde, 164 So. 2d 1 (Fla. 1964)