Opinion
No. 72-679.
November 14, 1973.
Appeal from Circuit Court, Dade County; William A. Herin, Judge.
Wicker, Smith, Pyszka, Blomqvist Davant, Miami, for appellants.
Ser Keyfetz, Miami, for appellee.
Before BARKDULL, C.J., and CHARLES CARROLL and HAVERFIELD, JJ.
ORDER ON MANDATE
Whereas, the judgment of this court was entered on January 8, 1973 ( 272 So.2d 224) affirming the final judgment of the Circuit Court of 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 July 31, 1973 ( 282 So.2d 634) and mandate now lodged in this court, quashed this court's judgment and remanded the cause for further proceedings;
Now, therefore, it is Ordered that the mandate of this court issued in this cause on January 24, 1973 is withdrawn, the judgment of this court in this cause filed January 8, 1973 is withdrawn, the said opinion and judgment of this court and the rule nisi and final judgment of the circuit court are vacated and reversed, and the cause is remanded to the circuit court for further proceedings not inconsistent with the said opinion and judgment of the Supreme Court of Florida. Costs allowed shall be styled in the trial court (Rule 3.16, sudb. b, F.A.R. 32 F.S.A.).