GROVE PRESS, INC., A NEW YORK CORPORATION, APPELLANT,
v.
THE STATE OF FLORIDA EX REL. RICHARD E. GERSTEIN, AS STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, AND WHELAN DRUG CO., INC., A FLORIDA CORPORATION, APPELLEES
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The Florida District Court of Appeal vacated its prior judgment and reversed the lower court's decree, directing dismissal of the complaint, following a reversal by the U.S. Supreme Court.
The Florida District Court of Appeal vacated its prior judgment, reversed the lower court's decree, and remanded the cause with directions to dismiss the bill of complaint.
“As directed by the mandate of that Court filed herein on July 29, 1964, it is ordered that our judgment in the case is vacated and the final decree entered by the Circuit Court of Dade County, Florida, is reversed, and the cause is remanded with directions to dismiss the bill of complaint.”
This quote directly states the court's actions in response to the U.S. Supreme Court's mandate.
Grove Press, Inc. had obtained a final decree in the Circuit Court of Dade County, which this court affirmed. The U.S. Supreme Court reversed this cou…
The full statement of facts, procedural history, and disposition for this case are member content.
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This court by its opinion and judgment dated September 17, 1963, 156 So.2d 537, affirmed a final decree which had been rendered in the Circuit Court of Dade County, in Chancery, case #61C 11673, in favor of the plaintiff. On certiorari, the United States Supreme. Court, 84 S.Ct. 1909, reversed this court’s judgment and remanded the cause by a per curiam order dated July 17, 1964.
As directed by the mandate of that Court filed herein on July 29, 1964, it is ordered that our judgment in the case is vacated and *691the final decree entered by the Circuit Court of Dade County, Florida, is reversed, and the cause is remanded with directions to dismiss the bill of complaint.
It is further ordered that the appellate costs in this court, and the $100 costs for which the United States Supreme Court gave judgment to the defendant against the plaintiff, shall be taxed in the trial court. See Rule 3.16(b), Florida Appellate Rules, 31 F.S.A.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Richard v. Harrison, 178 So. 2d 889 (Fla. 2d DCA 1965)…ay upon proper request therefor allow fees for services on appeal. Florida Appellate Rule 3.16(b) provides that all court costs, including appellate court, shall be taxed by the trial court. Grove Press, Inc. v. State ex rel. Gerstein, Fla.App.1964, 166 So. 2d 690. Attorneys’ fees have been held to be suit money, and collection thereof may be enforced in the same manner as alimony and support of children upon proper judgment therefor being entered. Orr for Use and Benefit of Walton v. Orr, 1939, 141 Fla. 112,…
Authorities Cited
- Grove Press, Inc. v. Gerstein, 378 U.S. 577 (U.S. 1964)
- Grove Press, Inc. v. The State of Fla. ex rel. Richard E. Gerstein, 156 So. 2d 537 (Fla. 3d DCA 1963)