Opinion
No. 86-1768.
October 7, 1986. Rehearing Denied November 5, 1986.
On Petition for a Writ of Certiorari to Circuit Court, Dade County, Appellate Division; Murray Goldman, Robert P. Kaye, and Richard Y. Feder, Judges.
Martin E. Levine, Miami, for petitioner.
Miller Selig, P.A., Miami, and James C. Kelley, Coral Gables, for respondent.
Before SCHWARTZ, C.J., and NESBITT, and JORGENSON, JJ.
The respondent concedes that its argument made before the circuit court acting in its appellate capacity was never made in the county court, and, therefore, petitioner never had an opportunity to brief or explicate her position.
Based upon that concession, we vacate the order of the circuit court affirming the judgment of the county court and remand to the circuit court with directions to remand to the county court for further proceedings in light of section 627.736, Florida Statutes (1985).
Reversed and remanded for further proceedings.