Opinion
No. 62-710.
August 11, 1964.
Tobias Simon, Irma Robbins Feder, Richard Yale Feder, Miami, for appellant.
Richard W. Ervin, Atty. Gen., Herbert P. Benn, Asst. Atty. Gen., Richard E. Gerstein, State Atty., and Joseph Durant and George Orr, Asst. State Attys., for the State.
Shapiro Fried, Miami Beach, for Whelan Drug Co.
Before BARKDULL, C.J., and CARROLL and HORTON, JJ.
This court by its opinion and judgment dated September 17, 1963, 156 So.2d 537, affirmed a final decree which had been rendered in the Circuit Court of Dade County, in Chancery, case #61C 11673, in favor of the plaintiff. On certiorari, the United States Supreme Court, 84 S.Ct. 1909, reversed this court's judgment and remanded the cause by a per curiam order dated July 17, 1964.
As directed by the mandate of that Court filed herein on July 29, 1964, it is ordered that our judgment in the case is vacated and the final decree entered by the Circuit Court of Dade County, Florida, is reversed, and the cause is remanded with directions to dismiss the bill of complaint.
It is further ordered that the appellate costs in this court, and the $100 costs for which the United States Supreme Court gave judgment to the defendant against the plaintiff, shall be taxed in the trial court. See Rule 3.16(b), Florida Appellate Rules, 31 F.S.A.