Miami Tiresoles, Inc. v. State

Full title: MIAMI TIRESOLES, INC., a Florida corporation, M2J CORP., a Florida…

Court: District Court of Appeal of Florida, Third District

Date published: Jun 30, 1999

734 So. 2d 600 (Fla. Dist. Ct. App. 1999)

Opinion

No. 96-3213

Opinion filed June 30, 1999. JANUARY TERM, 1999

An Appeal from the Circuit Court for Dade County, Bernard S. Shapiro, Judge, L.T. No. 95-24463.

Keith/Mack LLP and Norman S. Segall, R. Hugh Lumpkin, and Karl J. Schumer, for appellants.

Robert A. Butterworth, Attorney General, and Eric J. Taylor, Assistant Attorney General, for appellee.

Before LEVY, FLETCHER and SHEVIN, JJ.

PER CURIAM.

Upon reviewing this court's opinion in Miami Tiresoles, Inc. v. Department of Revenue, 695 So.2d 851 (Fla. 3d DCA 1997), the Supreme Court of Florida has remanded the case for further proceedings consistent with its opinion inDepartment of Revenue v. Nemeth, 24 Fla. L. Weekly S160 (Fla. Apr. 8, 1999). Miami Tiresoles, Inc. v. Department of Revenue, 24 Fla. L. Weekly S172 (Fla. Apr. 8, 1999). Pursuant to that directive, we withdraw our mandate issued on July 7, 1997, and vacate our opinion. We adopt the Supreme Court's opinion as our own, reverse the summary judgment under review, and remand the cause to the trial court for further proceedings in accordance with the Supreme Court opinion.

Reversed and remanded with directions.