163 So. 2d 306 | Fla. Dist. Ct. App. | 1964
Plaintiff appeals the dismissal of its amended complaint. The plaintiff filed its
“ * * * [W]e feel that upon remand the appellant should be accorded an opportunity to establish by evidence the applicability of Florida’s right-to-work amendment if it so desires and is in a position to do so.”
This court filed an opinion in which it withdrew its earlier mandate, and amended its judgment and decision by adding thereto * * * “[a]nd the cause is remanded to the circuit court for further proceeding in that court not inconsistent with this opinion and the opinion of the Supreme Court [of Florida].”
Appellant filed an amended complaint as allowed, which appellees moved to dismiss. After argument the trial court dismissed the complaint, as amended, with prejudice.
The question for our determination is whether the trial court erred in failing to adhere to the decision of the Supreme Court of Florida in this case by dismissing the amended complaint. We hold that such dismissal was error.
The ruling of the Supreme Court became the “law of the case”
We therefore reverse the order appealed and remand the cause for proceedings consistent herewith.
Reversed and remanded.
. Scherer & Sons, Inc. v. International Ladies’ G. Wkrs., Fla.1962, 142 So.2d 290, 295.
. International Ladies’ Garment Wkrs. Union v. Scherer & Sons, Inc., Fla.App. 1962, 146 So.2d 137.
. McGregor v. Provident Trust Co. of Philadelphia, 119 Fla. 718, 162 So. 323; City of Miami Beach v. Parking Facilities, Inc., Fla.App.1960, 120 So.2d 209; Leybourne v. Furlong, Fla.App. 1964, 161 So.2d 221.