U. S. FIDELITY & GUARANTY COMPANY AND KELLER METAL PRODUCTS, APPELLANTS,
v.
JUAN MALDONADO, APPELLEE
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This case involves a procedural maneuver where the Florida District Court of Appeal vacated its prior judgment and adopted the Florida Supreme Court's decision after the Supreme Court quashed the District Court's ruling on review. The case is returned to the circuit court for further action consistent with the Supreme Court's mandate.
Yes, the District Court of Appeal must vacate its prior judgment and make the Supreme Court's opinion and judgment the judgment of the District Court, then return the cause to the circuit court for further action.
“Whereas, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed October 18, 1967 (203 So. 2d 158) and mandate dated November 3, 1967, now lodged in this court, quashed this court's judgment and remanded the cause with directions to vacate the rule absolute;”
This quote explains the procedural posture of the case, detailing the Supreme Court's action on certiorari and its directive to the District Court.
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Join FLexlaw to unlock all legal intelligenceThe District Court of Appeal had previously affirmed a rule absolute entered by the circuit court. Upon review by certiorari, the Florida Supreme Cour…
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ORDER ON MANDATE
Whereas, the judgment of this court was entered on March 21, 1967 (200 So.2d 267) affirming the rule absolute entered by 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 October 18, 1967 (203 So.2d 158) and mandate dated November 3, 1967, now lodged in this court, quashed this court’s judgment and remanded the cause with directions to vacate the rule absolute;
It is, therefore, Ordered that the judgment of this court filed on March 21, 1967 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, and this cause is returned to the circuit court with directions to vacate the rule absolute in conformity therewith. 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
Authorities Cited
- U. S. Fid. & Guar. Co. & Keller Metal Prods. v. Maldonado, 200 So. 2d 267 (Fla. 3d DCA 1967)
- Kraai v. State, 200 So. 2d 267 (Fla. 1st DCA 1967)
- Sunshine Plumbing Co. & Pub. Serv. Mut. Ins. Co. v. Freund, 203 So. 2d 158 (Fla. 1967)