S. ROBERT TRALINS, FOR HIMSELF, AND "PLEASURE WAS MY BUSINESS," AS A BOOK, APPELLANT,
v.
RICHARD E. GERSTEIN AS STATE ATTORNEY, APPELLEE

Fla. 3d DCA | 1964-09-09
No. 62-370
Before BARKDULL, C. J., and HORTON and HENDRY, JJ.
167 So. 2d 112 Florida District Court of Appeal, Third District (1964)

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Synopsis

The Florida District Court of Appeal vacated its prior judgment and reversed a lower court's decree, following a U.S. Supreme Court order to dismiss the complaint. This case concerns the legal standing and rights related to the book 'Pleasure Was My Business'.


Holding

Yes, the final decree entered by the Circuit Court of Dade County is reversed, and the cause is remanded with directions to dismiss the bill of complaint.


Key Quotes

“As directed by the mandate of that Court filed herein on July 27, 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 action based on the U.S. Supreme Court's mandate.

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Facts & Procedural History

The case originated with a final decree in favor of the plaintiff, S. Robert Tralins, concerning the book 'Pleasure Was My Business'. This court had p…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This court by its opinion and judgment dated March 19, 1963, 151 So.2d 19, affirmed a final decree which had been rendered in the Circuit Court of Dade County, in Chancery, case #61C 2286, in favor of the plaintiff. On certiorari, the United States Supreme Court, 84 S.Ct. 1903, 12 L.Ed.2d 1033, reversed this court’s judgment and remanded the cause by a per curiam order.

As directed by the mandate of that Court filed herein on July 27, 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.

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 he taxed in the trial court. See Rule 3.16(b), Florida Appellate Rules, 31 F.S.A.


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