BOSTON OLD COLONY INS. CO v. GUTIERREZ, 388 So.2d 54 (Fla.App. 3 Dist. 1980)

BOSTON OLD COLONY INSURANCE COMPANY, APPELLANT, v. RAUL GUTIERREZ, APPELLEE.

Nos. 77-508, 77-761.District Court of Appeal of Florida, Third District.
September 24, 1980.

Appeals from Circuit Court, Dade County; Donald E. Stone, Judge.

Blackwell, Walker, Gray, Powers, Flick Hoehl and James E. Tribble, Miami, for appellant.

Sams, Anderson Ward and Francis W. Sams, Miami, for appellee.

Before BARKDULL, HENDRY and HUBBART, JJ.

ORDER ON MANDATE
PER CURIAM.

WHEREAS, the judgment of this court was entered on July 11, 1978 affirming the 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 April 10, 1980, 386 So.2d 783, and mandate now lodged in this court, quashed this court’s judgment;

NOW, THEREFORE, It is Ordered that the judgment of this court filed July 11, 1978 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 order of the trial court appealed herein is reversed and the cause is remanded for further proceedings consistent 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).

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