Opinion
May 22, 1951.
Appeal from Circuit Court, Lake County; T.G. Futch, Judge.
Alex Akerman, Jr., Orlando, Joseph E. Price, Jr., Panama City, and Akerman, Akerman Price, Orlando, and Franklin H. Williams, New York City, for appellants.
Richard W. Ervin, Atty. Gen., Reeves Bowen, Asst. Atty. Gen., and J.W. Hunter, Tavares, for appellee.
Whereas, the judgment of this Court was entered on May 16th, 1950, 46 So.2d 880, affirming the judgment of the Circuit Court of Lake County in the above styled cause, and
Whereas, the judgment of this Court was on certiorari reversed with costs by the Supreme Court of the United States, April 9th, 1951, 341 U.S. 50, 71 S.Ct. 549, on authority of Cassell v. State of Texas, 339 U.S. 282, 70 S.Ct. 629, 94 L.Ed. 839, and the cause was remanded to the Supreme Court of Florida for further proceedings not inconsistent with the opinion of the Supreme Court of the United States, and
Whereas, the mandate of the Supreme Court of the United States in said cause has been lodged in this Court; on consideration whereof, it is
Ordered and adjudged that the judgment of this Court affirming the judgment of the Circuit Court of Lake County be now reconsidered and that the judgment be reversed with directions to the Circuit Court of Lake County to grant a new trial; it is further ordered by the Court that the costs in this behalf expended in the Supreme Court of the United States, by the Supreme Court of the United States, in the sum of $1837.31, to be paid to the Supreme Court of the United States, be and the same is hereby taxed against the County of Lake in the State of Florida, the Appellants herein having been adjudged insolvent.
SEBRING, C.J., and TERRELL, CHAPMAN, ADAMS, HOBSON and ROBERTS, JJ., concur.
THOMAS, not participating.