By a suggestion for the writ of prohibition the relator seeks a rule of this court prohibiting the respondents from proceeding contrary to prior mandates of this court entered in a controversy wherein the respondents Dickson and Horrow are plaintiffs and the relator is the defendant, which cause is now pending again before the respondent circuit judge for a determination of the question of damages, if any,
The previous opinions of this court upon which our mandates were based are as follows: Rimmeir v. Dickson, Fla.1955,
Despite our pronouncement, the record shows that the respondent judge has adhered to his former view that the rule of damages contended for by the respondents Dickson and Horrow is applicable and that he will proceed to determine the question of damages in accordance therewith unless inhibited by this court. Any attempt by the respondent judge to do so would be a clear violation of the mandate of this court and a trespass on its jurisdiction.
Accordingly, the respondent judge is ordered and directed to eschew the rule of damages and the procedure thereunder held inapplicable by this court in its former opinion and, in accordance with our previous decision, to award to the respondents Dickson and Horrow only such damages as are specifically proved by them and to which they are entitled under applicable principles of law, as heretofore announced in this cause.
It is so ordered.
