HART PROPERTIES, INC. v. SLACK, 159 So.2d 482 (Fla.App. 3 Dist. 1964)

HART PROPERTIES, INC., A FLORIDA CORPORATION, APPELLANT, v. JOHN SLACK, A MINOR, BY AND THROUGH HIS MOTHER AND NEXT FRIEND, ESTELLE SLACK AND ESTELLE SLACK, INDIVIDUALLY, APPELLEES.

No. 61-531.District Court of Appeal of Florida, Third District.
January 22, 1964.

Appeal from Circuit Court for Dade County; Pat Cannon, Judge.

Papy, Talburt Carruthers, Miami, for appellant.

Truett Watkins, Miami, for appellees.

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

PER CURIAM.

Whereas, the judgment of this court was entered on October 9, 1962 (145 So.2d 285), affirming the judgment of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause; and

Whereas on review of this court’s judgment, by certiorari, the Supreme Court of Florida, 1963 (159 So.2d 236) and mandate dated January 20, 1964, now

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lodged in this court, quashed this court’s judgment and the cause was remanded for the entry of a decision in conformity with the said opinion and judgment of the Supreme Court of Florida;

Now, therefore, it is Ordered that the mandate of this court issued in this cause on October 25, 1962, is withdrawn, the judgment of this court filed October 9, 1962 is vacated; the said opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court and the judgment of the Circuit Court appealed herein is affirmed, as directed by the opinion now adopted by this court.

Costs allowed shall be taxed in the trial court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).