ATLANTIC COAST LINE RAILROAD COMPANY AND SEABOARD AIR LINE RAILROAD COMPANY, APPELLANTS,
v.
BERNARD BRAZ, APPELLEE
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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.
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.
“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.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida District Court of Appeal had previously affirmed judgments from the Circuit Court of Dade County. Upon review by certiorari, the Florida S…
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 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Now, therefore, it is ordered that the mandates of this court issued in this cause on February 22, 1966 are withdrawn, the opinion and judgment of this court entered on January 25, 1966 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made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.).
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Authorities Cited
- Atl. Coast Line R.R. Co. & Seaboard Air Line R.R. Co. v. Braz, 182 So. 2d 491 (Fla. 3d DCA 1966)
- Atl. Coast Line R.R. Co. & Seaboard Air Line R.R. Co. v. Braz, 196 So. 2d 109 (Fla. 1967)