Sullivan v. State ex rel. Pardew

Decision Date13 April 1951
PartiesJimmy SULLIVAN, Sheriff of Dade County, Florida, Appellant, v. STATE of Florida, ex rel. Alvan PARDEW, Appellee.
CourtFlorida Supreme Court

An Appeal from the Circuit Court for Dade County, George E. Holt, judge.

Richard W. Ervin, Atty. Gen. and Murray Sams, Jr., Asst. Atty. Gen., for appellant.

George S. Okell, Miami, for appellee.

TERRELL, Justice.

The opinion in this cause was filed January 5, 1951. It concluded with the following paragraph: 'The judgment appealed from is accordingly reversed on authority of State ex rel. Lungdahl v. Sullivan, 155 Fla. 817, 21 So.2d 713 and like cases. Reversed.'

We are confronted with a motion to recall the mandate, issued January 22, 1951, and clarify the opinion by adding thereto the words, petitioner is remanded to the custody of the sheriff.

We do not think it necessary to recall the mandate for this purpose. Certainly the amendment suggested should have been added but from the language of the opinion its necessary effect was to remand petitioner to the custody of the sheriff which should have been done as soon as the Court was advised of the opinion.

The motion to recall the mandate is accordingly denied.

It is so ordered.

SEBRING, C. J., and THOMAS and HOBSON, JJ., concur.

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