THE CROWN LIFE INSURANCE COMPANY, A CANADIAN CORPORATION, APPELLANT,
v.
MIGUEL MORALES CALVO AND MARIA OFELIA ABREAU DE MORALES, HIS WIFE, APPELLEES
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This case involves a dispute over an insurance policy. The Florida District Court of Appeal, Third District, initially affirmed in part and reversed in part a summary final judgment. However, upon review by the Supreme Court of Florida, the District Court's judgment was quashed and remanded with directions to dismiss the complaint, aligning with precedent set in a related case.
The District Court of Appeal held that its prior judgment was in conflict with the Supreme Court's ruling and therefore vacated its prior judgment, reversed the appealed judgment, and remanded the case with directions to dismiss the complaint.
“quashed this court's judgment and remanded the cause for disposition not inconsistent with the views expressed in the opinion and judgment of the Supreme Court of Florida in the case of Confederation Life Ass'n v. Ugalde (164 So. 2d 1), opinion filed February 24, 1964”
This quote explains the Supreme Court's action and the basis for the District Court's subsequent decision.
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Join FLexlaw to unlock all legal intelligenceThe case originated from a summary final judgment entered by the Circuit Court. The District Court of Appeal had previously affirmed in part and rever…
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WHEREAS, the judgment of this court was entered on April 9, 1963 (151 So.2d 687) affirming in part and reversing in part, 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 March 25, 1964 (164 So.2d 813) and mandate dated April 21, 1964, now lodged in this court, quashed this court’s judgment and remanded the cause for disposition not inconsistent with the views expressed in the opinion and judgment of the Supreme Court of Florida in the case of Confederation Life Ass’n v. Ugalde (164 So.2d 1), opinion filed February 24, 1964;
NOW, THEREFORE, it is Ordered that irie mandate of this court issued on April 25, 1963 is withdrawn, so much of this court’s opinion and judgment filed April 9, 1963 that is in conflict with the said opinion and judgment of the Supreme Court of Florida in this cause and in the Ugalde case, supra, is hereby vacated, the judgment appealed is reversed and the cause is 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
Authorities Cited
- Confederation Life Ass'n v. Leandro Goiricelaya Ugalde, 164 So. 2d 1 (Fla. 1964)
- The Crown Life Ins. Co. v. Calvo, 151 So. 2d 687 (Fla. 3d DCA 1963)
- The Crown Life Ins. Co. v. Calvo, 164 So. 2d 813 (Fla. 1964)