RIGOT v. HOLBEIN, 247 So.2d 475 (Fla.App. 3 Dist. 1971)

RAY J. RIGOT, APPELLANT, v. WILLIAM C. HOLBEIN AND EDWARD RAY HOLBEIN, APPELLEES.

No. 69-118.District Court of Appeal of Florida, Third District.
April 2, 1971.

Appeal from the Circuit Court, Dade County, David Popper, J.

Page 476

Horton Schwartz, Miami, for appellant.

Dawes Lummus, and Jeanne Heyward, Miami, for appellees.

Before BARKDULL and HENDRY, JJ., and LOPEZ, AQUILINO, Jr., Associate Judge.

ORDER ON MANDATE
PER CURIAM.

Whereas, the judgment of this court was entered on March 31, 1970, 233 So.2d 458 affirming in part and reversing in part the judgment of the Circuit Court for Dade County, in the above styled cause; and

Whereas, on review of this court’s judgment, by appeal, the Supreme Court of Florida by its opinion and judgment filed February 24, 1971, 245 So.2d 57 and mandate dated March 12, 1971, now lodged in this court, reversed in part and affirmed in part this court’s judgment and remand the cause with directions to reinstate the judgment of the circuit court;

Now, therefore, it is ordered that the mandate of this court heretofore issued in this cause on April 16, 1970 is withdrawn, the opinion and judgment of this court filed March 31, 1970, insofar as it reversed the judgment of the trial court awarding punitive damages to the plaintiffs 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 from in this cause is affirmed. Costs allowed shall be taxed in the trial court (Rule 3.16(b) Florida Appellate Rules, 32 F.S.A.).