In re Estate of Tim

Full title: IN RE ESTATE OF JACOB TIM, DECEASED

Court: District Court of Appeal of Florida, Third District

Date published: Dec 8, 1965

180 So. 2d 502 (Fla. Dist. Ct. App. 1965)

Opinion

No. 62-559.

December 8, 1965.

Appeal from County Judges' Court, Dade County; W.F. Blanton, Judge.

Sibley, Giblin Levenson, Milton E. Grusmark, Miami Beach, Max Silver, Miami, for appellants Fishel Rudawski, Jacob Timiansky and Zorah Timiansky.

Richard K. Fink, Miami, for appellants Sophie Kovner, Sarah Bernard, Anna Wachtel, Rose Hechler, Becky Fine and Mary Bernard.

Harold B. Spaet, Miami, Meyer Poses, New York City, for appellees Vera Poses, Anna Derman, Anna Gaba Goldberg, Harriet Frank, Ray Konigsberg, Fannie Smith, David Goldstein and Louis Goldstein.

Harold Tannen, Miami, for appellees Sofia Abramovna Gringauz, Maria Abramovna Gudim, Elizabeth Abramovna Tymianskaya, Yakov Abramovich Tymiansky, Meer Rakhmilevich Tymiansky, Movsha Rakhmilevich Tymiansky, Feiga Rakhmitlevna Timianskaya, Esfir Yakovlevna Pokhorenko and Maria Rafailovna Kemurdjian.

Earl Faircloth, Atty. Gen., and Joseph Nesbitt, Asst. Atty. Gen., for State of Florida.

Wakefield Underwood, Miami, as guardian ad litem for the Unknown Heirs and Beneficiaries of Jacob Tim, Deceased.

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

PER CURIAM.

Whereas, the judgment of this court was entered on February 11, 1964 ( 161 So.2d 40) reversing the order of the County Judges' Court 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, by its opinion and judgment filed June 6, 1965 ( 180 So.2d 161) and mandate dated December 1, 1965 now lodged in this court quashed this court's judgment with directions to affirm the order of the County Judges' Court;

Therefore, It is Ordered that the mandate of this court issued in this cause on March 12, 1964 is withdrawn, the judgment of this court filed February 11, 1964 is vacated, the opinion and judgment of the Supreme Court of Florida is herewith made the opinion and judgment of this court, and the said order of the County Judges' Court appealed from in this cause is affirmed; costs allowed shall be taxed in the trial court (rule 3.16(b), Florida Appellate Rules, 31 F.S.A.).