Crown Life Insurance v. Calvo

District Court of Appeal of Florida

Crown Life Insurance v. Calvo

163 So. 2d 345, 1964 Fla. App. LEXIS 4738

CourtDistrict Court of Appeal of Florida

DecidedApril 29, 1964

DocketNo. 62-373

StatusPublished

This text of 163 So. 2d 345 (Crown Life Insurance v. Calvo) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Crown Life Insurance v. Calvo, 163 So. 2d 345, 1964 Fla. App. LEXIS 4738 (Fla. Ct. App. 1964).

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Opinion

PER CURIAM.

WHEREAS, the judgment of this court was entered on April 9, 1963 (151 So.2d 687) affirming in part and reversing in part, with directions, the summary final judgment of the Circuit Court of the Eleventh Judicial Circuit in and for 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 March 25, 1964 (164 So.2d 813) and mandate dated April 21, 1964, now lodged in this court, quashed this court’s judgment and remanded the cause for disposition not inconsistent with the views expressed in the opinion and judgment of the Supreme Court of Florida in the case of Confederation Life Ass’n v. Ugalde (164 So.2d 1), opinion filed February 24, 1964;

NOW, THEREFORE, it is Ordered that irie mandate of this court issued on April 25, 1963 is withdrawn, so much of this court’s opinion and judgment filed April 9, 1963 that is in conflict with the said opinion and judgment of the Supreme Court of Florida in this cause and in the Ugalde case, supra, is hereby vacated, the judgment appealed is reversed and the cause is remanded to the Circuit Court with directions to dismiss the complaint; costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, F.A.R., 31 F.S.A.).

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PER CURIAM.

WHEREAS, the judgment of this court was entered on April 9, 1963 (151 So.2d 687) affirming in part and reversing in part, with directions, the summary final judgment of the Circuit Court of the Eleventh Judicial Circuit in and for 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 March 25, 1964 (164 So.2d 813) and mandate dated April 21, 1964, now lodged in this court, quashed this court’s judgment and remanded the cause for disposition not inconsistent with the views expressed in the opinion and judgment of the Supreme Court of Florida in the case of Confederation Life Ass’n v. Ugalde (164 So.2d 1), opinion filed February 24, 1964;

NOW, THEREFORE, it is Ordered that irie mandate of this court issued on April 25, 1963 is withdrawn, so much of this court’s opinion and judgment filed April 9, 1963 that is in conflict with the said opinion and judgment of the Supreme Court of Florida in this cause and in the Ugalde case, supra, is hereby vacated, the judgment appealed is reversed and the cause is remanded to the Circuit Court with directions to dismiss the complaint; costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, F.A.R., 31 F.S.A.).

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163 So. 2d 345, 1964 Fla. App. LEXIS 4738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crown-life-insurance-v-calvo-fladistctapp-1964.

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