Rist v. Florida Power & Light Co.

District Court of Appeal of Florida

Rist v. Florida Power & Light Co.

257 So. 2d 82, 1972 Fla. App. LEXIS 7326

CourtDistrict Court of Appeal of Florida

DecidedJanuary 26, 1972

DocketNo. 69-311

StatusPublished

This text of 257 So. 2d 82 (Rist v. Florida Power & Light Co.) 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.

Bluebook

Rist v. Florida Power & Light Co., 257 So. 2d 82, 1972 Fla. App. LEXIS 7326 (Fla. Ct. App. 1972).

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Opinion

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on May 12, 1970 (235 So.2d 361) affirming the summary 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 filed October 13, 1971, 254 So.2d 540, and mandate now lodged in this court quashed this court’s judgment as it pertained to appellee Florida Power & Light Co. and denied certiorari as to appellee Northside Center, Inc.,

Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on June 3, 1970 is withdrawn, the opinion and judgment of this court filed in this cause on May 12, 1970 insofar as it is in conflict with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida is vacated and the said opinion and judg[83]*83ment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The summary judgment of the circuit court as to Florida Power & Light Co. is reversed and the cause is remanded for trial as to appellee Florida Power & Light Co. The judgment of af-firmance as to appellee Northside Center, Inc. is adhered to. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).

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ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on May 12, 1970 (235 So.2d 361) affirming the summary 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 filed October 13, 1971, 254 So.2d 540, and mandate now lodged in this court quashed this court’s judgment as it pertained to appellee Florida Power & Light Co. and denied certiorari as to appellee Northside Center, Inc.,

Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on June 3, 1970 is withdrawn, the opinion and judgment of this court filed in this cause on May 12, 1970 insofar as it is in conflict with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida is vacated and the said opinion and judg[83]*83ment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The summary judgment of the circuit court as to Florida Power & Light Co. is reversed and the cause is remanded for trial as to appellee Florida Power & Light Co. The judgment of af-firmance as to appellee Northside Center, Inc. is adhered to. Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).

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257 So. 2d 82, 1972 Fla. App. LEXIS 7326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rist-v-florida-power-light-co-fladistctapp-1972.

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