Martin v. Martin

Full title: ROY E. MARTIN, JR., APPELLANT, v. MIRIAM HENSON MARTIN, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 20, 1961

128 So. 2d 887 (Fla. Dist. Ct. App. 1961)

Opinion

No. 59-609.

April 20, 1961.

Appeal from Circuit Court, Dade County; Pat Cannon, Judge.

Smathers, Thompson Dyer and L.S. Bonsteel, Miami, for appellant.

Redfearn, Ferrell Simon and Milton M. Ferrell, Miami, for appellee.

PER CURIAM.

Whereas, the judgment of this court was entered on the 12th day of September, 1960, reversing the decree of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause, dated September 23, 1959; and

Whereas, on review of this court's judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed March 22, 1961, 128 So.2d 386 quashed this court's judgment of reversal; and

Whereas, by the mandate of the Supreme Court of Florida, dated April 18, 1961, now lodged in this court the decree of the Circuit Court, Dade County, was affirmed. It is so ordered.

Therefore, it is ordered that the mandate of this court issue forthwith; costs allowed shall be taxed in the circuit court (Rule 3.16, subd. b, Florida Appellate Rules, 31 F.S.A.).

HORTON, C.J., and CARROLL, CHAS. A., J., and ODOM, ARCHIE M., Associate Judge, concur.