JEFF WIGGEN, AS NATURAL FATHER OF MATTIE JO WIGGEN, A DECEASED MINOR, APPELLANT,
v.
BETHEL APOSTOLIC TEMPLE, A NON-PROFIT CORPORATION, DORIS R. AKINS AND KATHLEEN D. MINUS, APPELLEES
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The Florida District Court of Appeal vacated its prior reversal of a lower court judgment, following a mandate from the Florida Supreme Court that quashed the appellate court's decision. The case is now affirmed in favor of the trial court's original judgment.
The District Court of Appeal must comply with the Florida Supreme Court's mandate. Therefore, the prior judgment of reversal is vacated, and the trial court's judgment is affirmed.
“Whereas, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed July 5, 1967 (200 So. 2d 797) and mandate dated July 27, 1967, now lodged in this court, quashed this court's judgment of reversal;”
This quote establishes the critical event where the Florida Supreme Court overturned the District Court of Appeal's prior decision.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously reversed a judgment from the Circuit Court of Dade County. However, the Florida Supreme Court reviewed thi…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on December 13, 1966 (192 So.2d 796) reversing the 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 July 5, 1967 (200 So.2d 797) and mandate dated July 27, 1967, now lodged in this court, quashed this court’s judgment of reversal;
Now, therefore, It is Ordered that the mandate of this court issued in this cause on January 9, 1967 is withdrawn, the opinion and judgment of this court filed December 13, 1966 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the judgment of the trial court appealed from in this cause is affirmed. Costs allowed shall be taxed in the circuit court (Rule 3.16(b) Florida Appellate Rules, 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hall v. Haldane, 268 So. 2d 403 (Fla. 4th DCA 1972)…se upon authority of Stevens v. Duke, Fla.1949, 42 So. 2d 361; Herbert v. Garner, Fla.1955, 78 So. 2d 727; Wiggen v. Bethel Apostolic Temple, Fla. App.1966, 192 So. 2d 796, reversed on other grounds, Fla. 1967, 200 So. 2d 797, vacated, Fla.App.1967, 201 So. 2d 911; Ippolito v. Brener, Fla.1956, 89 So. 2d 650; Nash Miami Motors, Inc. v. Ellsworth, Fla.App. 1961, 129 So. 2d 704; Southern Life & Health Insurance Co. v. Medley, Fla.App. 1964, 161 So. 2d 19; Glens Falls Insurance Co. v. Gray, 5th Cir. 1967, 386 F.…
Authorities Cited
- Bethel Apostolic Temple v. Wiggen, 200 So. 2d 797 (Fla. 1967)
- Wiggen v. Bethel Apostolic Temple, 192 So. 2d 796 (Fla. 3d DCA 1966)