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Northern Trust Co. v. Provident Life & Accident Insurance Co.

Citations: 552 So. 2d 1123; 14 Fla. L. Weekly 2317; 1989 Fla. App. LEXIS 5427Docket: Nos. 86-2954, 86-3083 and 88-3074

Court: District Court of Appeal of Florida; October 3, 1989; Florida; State Appellate Court

Narrative Opinion Summary

The trial court correctly entered final judgment for the insurer based on the opinion and mandate from Provident Life Acc. Ins. v. Leonard, 526 So.2d 721 (Fla. 3d DCA 1988). The reversal of the original summary judgment and the affirmation of the cross-appeal precluded any issues raised in the insured's counterclaims. Consequently, the insured's motion to review the order enforcing the mandate is denied.

Legal Issues Addressed

Denial of Motion to Review Order Enforcing Mandate

Application: The insured's attempt to review the order enforcing the appellate mandate was denied by the court.

Reasoning: Consequently, the insured's motion to review the order enforcing the mandate is denied.

Final Judgment Based on Appellate Mandate

Application: The trial court's entry of final judgment for the insurer was based on adherence to the appellate court's opinion and mandate.

Reasoning: The trial court correctly entered final judgment for the insurer based on the opinion and mandate from Provident Life Acc. Ins. v. Leonard, 526 So.2d 721 (Fla. 3d DCA 1988).

Impact of Appellate Decision on Summary Judgment

Application: The appellate decision reversing the original summary judgment and affirming the cross-appeal nullified the issues raised in the insured's counterclaims.

Reasoning: The reversal of the original summary judgment and the affirmation of the cross-appeal precluded any issues raised in the insured's counterclaims.