Roth v. Cannel, s. 70-233

• Decision Date: 22 December 1972
• Docket Number: 70-234,70-305,70-235,70-796,70-724,70-306,70-236,Nos. 70-233,s. 70-233
• Parties: Ronald ROTH, Appellant, v. Annie CANNEL and Max Cannel, Appellees. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. OLD REPUBLIC INSURANCE COMPANY and North River Insurance Co., Appellees (two cases). Ronald ROTH, Appellant, v. Sidney S. SOLOMON, as Administrator of the Estate of Mollie Solomon, Deceased, et al., Appellees.
• Court: Florida District Court of Appeals

Page 52

270 So.2d 52

Ronald ROTH, Appellant, v. Annie CANNEL and Max Cannel, Appellees.

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. OLD REPUBLIC INSURANCE COMPANY and North River Insurance Co., Appellees (two cases).

Ronald ROTH, Appellant, v. Sidney S. SOLOMON, as Administrator of the Estate of Mollie Solomon, Deceased, et al., Appellees.

Nos. 70-233, 70-234, 70-305, 70-724, 70-235, 70-236, 70-306, 70-796.

District Court of Appeal of Florida, Third District.

Dec. 22, 1972.

Appeals from Circuit Court, Dade County; George E. Schulz, Judge.

Walton, Lantaff, Schroeder, Carson & Wahl and Richard Thornton, Miami, for appellants.

Preddy, Haddad, Kutner & Hardy, Miami, for Yellow Rent-a-Car and Old Republic.

Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, for Plax and North River.

Bretan & Marks, Miami, for Solomon, Cannels and Rae Roth, appellees.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on December 29, 1970 (242 So.2d 491) affirming the 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 and judgment filed May 3, 1972 (269 So.2d 3) and mandate now lodged in this court quashed this court's judgment and remanded the cause for further proceedings in accordance with the said opinion and judgment of the Supreme Court of Florida;

Now, therefore, It is Ordered that the mandate of this court heretofore issued in this cause on January 20, 1971 is withdrawn, the opinion and judgment of this court filed on December 29, 1970 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the judgments appealed from herein are reversed and the cause remanded to the circuit court for further proceedings in accordance with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b. F.A.R., 32 F.S.A.).