FRANCIS FT. HUNT, APPELLANT,
v.
RYDER TRUCK RENTALS, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 3d DCA | 1969-04-22
No. 66-932
Before PEARSON, BARKDULL and HENDRY, JJ.
221 So. 2d 464 Florida District Court of Appeal, Third District (1969)

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Synopsis

This case involves a reversal of a prior appellate decision that affirmed a summary judgment. The Florida Supreme Court reversed the appellate court's decision, leading this court to vacate its prior judgment and reverse the summary judgment, remanding the case for further proceedings.


Holding

Yes, the summary judgment must be reversed. The mandate of the Florida Supreme Court dictates that the prior affirmance is vacated and the summary judgment is reversed.


Key Quotes

“Whereas, the judgment of this court was entered on July 18, 1967 (201 So. 2d 241) affirming the summary judgment of [*465] the Circuit Court for Dade County, Florida, in the above styled cause; and Whereas, on review of this court's decision by certiorari, the Supreme Court of Florida, by its opinion and judgment filed December 10, 1968 (216 So. 2d 751) and mandate dated March 24, 1969, now lodged in this court, reversed this court's judgment of affirmance;”

This quote establishes the procedural history and the critical intervention by the Florida Supreme Court.

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Facts & Procedural History

The appellate court had previously affirmed a summary judgment entered by the Circuit Court for Dade County. The Supreme Court of Florida reviewed thi…

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Opinion of the Court
PER CURIAM.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on July 18, 1967 (201 So.2d 241) affirming the summary judgment of *465the Circuit Court for Dade County, Florida, in the above styled cause; and

Whereas, on review of this court’s decision by certiorari, the Supreme Court of Florida, by its opinion and judgment filed December 10, 1968 (216 So.2d 751) and mandate dated March 24, 1969, now lodged in this court, reversed this court’s judgment of affirmance;

Now, therefore, It is Ordered that the mandate of this court heretofore issued on August 3, 1967 is withdrawn, the opinion and judgment of this court filed July 18, 1967 is vacated, the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the summary judgment of the circuit court appealed from is reversed and the cause is remanded for further proceedings in accordance with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).


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