Klein v. Newburger, Loeb & Co., 62-541
| Citation | 153 So.2d 344 |
| Decision Date | 28 May 1963 |
| Docket Number | No. 62-541,62-541 |
| Parties | Ethel KLEIN, Appellant, v. NEWBURGER, LOEB & CO., a limited partnership, Appellee. |
| Court | Court of Appeal of Florida (US) |
Joseph Pardo, Miami, for appellant.
Miller & Podell, Miami Beach, for appellee.
Before PEARSON, TILLMAN, C. J., and HORTON and HENDRY, JJ.
This cause was heard on the petition of the appellee to review the judgment of the circuit court dated May 13, 1963, which said judgment was rendered on this court's opinion and mandate issued April 30, 1963, 151 So.2d 879. The appellee complains that the judgment rendered on the opinion and mandate of this court was erroneous and failed to conform to said opinion and mandate.
The opinion of this court, as amended, provided in part:
The trial judge rendered a judgment in which he awarded the value of the stock as of August 3, 1959, and interest from that date until July 3, 1962, which was the date of the rendition of the summary judgment reversed by this court.
Although the language of our opinion may be susceptible to various inferences, the judgment rendered by the trial judge on May 13, 1963, is not in compliance with the opinion and mandate of this court and the same is hereby vacated and set aside. The cause is now remanded to the trial court for the entry of a judgment for the value of the stock on August 3, 1959, and lawful interest on that amount from August 3, 1959, until the trial judge enters the judgment now directed, together with such lawful costs as have heretofore been taxed.
It is so ordered.
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