Narrative Opinion Summary
The Supreme Court of Florida has remanded the case of Miami Tiresoles, Inc. v. State, Department of Revenue for further proceedings in line with its prior opinion in Department of Revenue v. Nemeth. As a result, the court has withdrawn its mandate issued on July 7, 1997, and vacated its earlier opinion. The court adopts the Supreme Court’s opinion as its own, reverses the summary judgment in question, and directs that the case be remanded to the trial court for further action consistent with the Supreme Court's ruling.
Legal Issues Addressed
Adoption of Higher Court’s Opinionsubscribe to see similar legal issues
Application: The court adopts the opinion of the Supreme Court as its own and reverses the lower court's decision, signifying agreement with the higher court.
Reasoning: The court adopts the Supreme Court’s opinion as its own, reverses the summary judgment in question, and directs that the case be remanded to the trial court for further action consistent with the Supreme Court's ruling.
Remand for Further Proceedingssubscribe to see similar legal issues
Application: The Supreme Court of Florida instructs the trial court to conduct further proceedings in accordance with a higher court's prior opinion.
Reasoning: The Supreme Court of Florida has remanded the case of Miami Tiresoles, Inc. v. State, Department of Revenue for further proceedings in line with its prior opinion in Department of Revenue v. Nemeth.
Withdrawal of Mandate and Opinionsubscribe to see similar legal issues
Application: The court retracts its previous mandate and opinion following a decision to align with the Supreme Court’s judgment.
Reasoning: As a result, the court has withdrawn its mandate issued on July 7, 1997, and vacated its earlier opinion.