Smith v. Smith

District Court of Appeal of Florida

Smith v. Smith

161 So. 2d 243, 1964 Fla. App. LEXIS 4522

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 1964

DocketNo. 62-531

StatusPublished

This text of 161 So. 2d 243 (Smith v. Smith) 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

Smith v. Smith, 161 So. 2d 243, 1964 Fla. App. LEXIS 4522 (Fla. Ct. App. 1964).

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Opinion

PER CURIAM.

Whereas, the judgment of this court was entered on April 2, 1963 (151 So.2d 448), affirming in part and reversing in part the decree of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Dade County, 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 January 29, 1964 (160 So.2d 697), and mandate now lodged in this court, quashed a portion of this court’s judgment ;

Now, therefore, It is Ordered that the mandate of this court issued in this cause on April 18, 1963, is withdrawn, the opinion and judgment of this court filed April 2, 1963, insofar as it is in conflict with or fails to conform to the views expressed in the opinion and judgment of the Supreme Court of Florida dated January 29, 1964, aforesaid, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The opinion and judgment of this court, except as withdrawn and vacated as aforesaid, is adhered to and the decree of the Circuit Court is affirmed. Costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).

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PER CURIAM.

Whereas, the judgment of this court was entered on April 2, 1963 (151 So.2d 448), affirming in part and reversing in part the decree of the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Dade County, 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 January 29, 1964 (160 So.2d 697), and mandate now lodged in this court, quashed a portion of this court’s judgment ;

Now, therefore, It is Ordered that the mandate of this court issued in this cause on April 18, 1963, is withdrawn, the opinion and judgment of this court filed April 2, 1963, 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 dated January 29, 1964, aforesaid, is withdrawn and vacated, and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court. The opinion and judgment of this court, except as withdrawn and vacated as aforesaid, is adhered to and the decree of the Circuit Court is affirmed. Costs allowed shall be taxed in the Circuit Court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).

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Bluebook (online)

161 So. 2d 243, 1964 Fla. App. LEXIS 4522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-fladistctapp-1964.

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