STEVENS MARKETS, INC., A FLORIDA CORPORATION, AND GRAY SECURITY SERVICE, INC., A FLORIDA CORPORATION, APPELLANTS,
v.
IRENE MARKANTONATOS, A MINOR, BY HER FATHER AND NEXT FRIEND, NICK MARKANTONATOS, AND NICK MARKANTONATOS, INDIVIDUALLY, APPELLEES
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This case involves a procedural history where the Florida Supreme Court quashed a prior appellate court judgment, leading the appellate court to vacate its own judgment and reverse the lower court's decision, remanding the case for a new trial.
The appellate court held that it must vacate its previous judgment and adopt the opinion and judgment of the Florida Supreme Court, thereby reversing the circuit court's final judgment and remanding the case for a new trial.
“quashed this court's judgment and remanded the cause for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida”
This quote explains the action taken by the Florida Supreme Court that necessitated the current court's action.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case originated from a final judgment entered by the Circuit Court of Dade County. This court initially affirmed that judgment. However, the Flori…
The full statement of facts, procedural history, and disposition for this case are member content.
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ORDER ON MANDATE
WHEREAS, the judgment of this court was entered on June 22, 1965 (177 So.2d 51) affirming the final judgment of the Circuit Court of 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 June 29, 1966 (189 So.2d 624) and mandate dated September 19, 1966, now lodged in this court, quashed this court’s judgment and remanded the cause for further proceedings consistent with the said opinion and judgment of the Supreme Court of Florida;
NOW, THEREFORE, It is Ordered that the mandate of this court issued in this cause on August 9, 1965 is withdrawn, the judgment of this court filed June 22, 1965 is vacated and the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The final judgment of the circuit court appealed from is reversed and the cause is remanded for a new trial. Costs allowed shall be taxed in the circuit court (Rule 3.16(b) Florida Appellate Rules, 31 F.S.A.).
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- Coral WAY Chrysler-Plymouth, Inc. v. Humerto Irene Picon & the Fla. Indus. Comm'n, 189 So. 2d 624 (Fla. 1966)
- Stevens Mkts., Inc. v. Markantonatos, 177 So. 2d 51 (Fla. 3d DCA 1965)