Schwartz v. American Home Assur. Co., 75-701

• Decision Date: 01 September 1978
• Docket Number: No. 75-701,75-701
• Citation: 362 So.2d 968
• Parties: Solomon SCHWARTZ, as Personal Representative of Sara Schwartz, and Solomon Schwartz, Individually, Appellant, v. AMERICAN HOME ASSURANCE COMPANY, a Foreign Corporation and Vincent Grande, Appellees.
• Court: Florida District Court of Appeals

Page 968

362 So.2d 968

Solomon SCHWARTZ, as Personal Representative of Sara Schwartz, and Solomon Schwartz, Individually, Appellant, v. AMERICAN HOME ASSURANCE COMPANY, a Foreign Corporation and Vincent Grande, Appellees.

No. 75-701.

District Court of Appeal of Florida, Third District.

Sept. 1, 1978.

Appeal from Circuit Court, Dade County; Harold Vann, Judge.

Before HAVERFIELD, C. J., KEHOE, J., and CHARLES CARROLL (Ret.), Associate Judge.

ORDER ON MANDATE

PER CURIAM.

Whereas, the judgment of this court was entered on May 11, 1976 (334 So.2d 268) affirming the summary final judgment of the circuit court of 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 May 4, 1978, 360 So.2d 383, and mandate now lodged in this court, quashed this court's judgment;

Now, Therefore, It is Ordered that the mandate of this court heretofore issued in this cause on July 6, 1976 is withdrawn, the judgment of this court filed May 11, 1976 is vacated and the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, the summary final judgment of the trial court appealed herein is reversed and the cause is remanded for further proceedings not inconsistent with the opinion and judgment of the Supreme Court of Florida. Costs allowed shall be taxed in the trial court (Rule 3.16(b), Florida Appellate Rules).