ATLANTIC COAST LINE RAILROAD COMPANY AND SEABOARD AIR LINE RAILROAD COMPANY, APPELLANTS,
v.
BERNARD BRAZ, APPELLEE

Fla. 3d DCA | 1967-02-24
Nos. 64-1057, 64-1058
Before CARROLL, BARKDULL and SWANN, JJ.
196 So. 2d 449 Florida District Court of Appeal, Third District (1967) Positive Treatment
Cited by 3 cases

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Synopsis

This case involves a procedural history where the Florida Supreme Court quashed a prior appellate court judgment, leading to the appellate court vacating its own judgment and remanding the case for a new trial. The core issue revolved around the prior judgments of the Circuit Court of Dade County.


Holding

The appellate court held that it must vacate its prior judgment, adopt the Supreme Court's judgment, reverse the Circuit Court's judgments, and remand the case for a new trial.


Key Quotes

“quashed this court's judgment, without prejudice, and remanded the cause with directions to remand for a new trial”

Describes the Supreme Court's directive to the appellate court.

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Facts & Procedural History

The Florida District Court of Appeal had previously affirmed judgments from the Circuit Court of Dade County. Upon review by certiorari, the Florida S…

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Opinion of the Court
PER CURIAM.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on January 25, 1966 (182 So.2d 491) affirming the judgments 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 dated January 9, 1967 (196 So.2d 109) and mandate dated February 14, 1967, now lodged in this court, quashed this court’s judgment, without prejudice, and remanded the cause with directions to remand for a new trial;

Now, therefore, it is ordered that the mandates of this court issued in this cause on February 22, 1966 are withdrawn, the opinion and judgment of this court entered on January 25, 1966 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the judgments of the Circuit Court appealed from in this cause are 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.).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Elbert Quinton Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972)
    …h instructions. We respect [*837] fully instruct that a determined effort be made by counsel and court to reconstruct the jury charges actually given, same to be accomplished within the limits of reasonable accuracy. Bennett v. State, Fla.App. 1967, 196 So. 2d 449. On pr before the expiration of 30 days we instruct that said reconstructed record be filed with the Clerk of this Court. If said reconstructed record cannot be furnished, we ask that a certificate to that effect be filed within the same period. In…
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  • Wester v. State, 368 So. 2d 938 (Fla. 3d DCA 1979)
    …. United States, 375 U.S. 277, 84 S.Ct. 424, 11 L.Ed.2d 331 (1964); Osborne v. State, 290 So. 2d 93 (Fla. 1st DCA 1974); Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972); Simmons v. State, 200 So. 2d 619 (Fla. 1st DCA 1967); and Bennett v. State, 196 So. 2d 449 (Fla. 1st DCA 1967). Reversed and remanded.…
  • Bashlor v. Louie L. Wainwright, 375 So. 2d 871 (Fla. 1st DCA 1979)
    …ible to reconstruct a record in compliance with Fla.R. App.P. 9.200(b)(3). Accordingly, the judgment and sentence must be vacated and petitioner remanded for a new trial. E. g., Simmons v. State, 200 So. 2d 619 (Fla. 1st DCA 1967); Bennett v. State, 196 So. 2d 449 (Fla. 1st DCA 1967). By his prayer for that relief and other action in this proceeding, petitioner has waived any claim that he was denied a speedy trial. Apparently, all material witnesses at the former trial, except the medical examiner, are now a…

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