St. Lucie Harvesting & Caretaking Corp. v. Cervantes, 664 So. 2d 7 (Fla. 4th DCA 1995). · Go Syfert
St. Lucie Harvesting & Caretaking Corp. v. Cervantes, 664 So. 2d 7 (Fla. 4th DCA 1995). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Cited for
At page 7 narrowly limiting trial court discretion to deviate from scope of mandate on remand where mandate is clear and decided1 citing case1 citing court put it this way
  • Pelican Real Est. & Dev. Co. v. Boone, 60 So. 3d 502 (Fla. 1st DCA 2011).published
    (narrowly limiting trial court discretion to deviate from scope of mandate on remand where mandate is clear and decided)
At page 8 Cervantes entered pursuant to this court’s mandate from an appeal in St. Lucie Harvesting and Caretaking Corp. v. Cervantes, 639 So.2d 37 (Fla. 4th DCA), rev.…1 citing caseopening of page *8 (no citing court says what it cites this page for)
Retrieving the full opinion text from the archive…
ST. LUCIE HARVESTING AND CARETAKING CORP. n/k/a St. Lucie Caretaking Corp., and Ten Mile Creek Groves, Inc.
v.
Vicente CERVANTES
No. 94-3352.
District Court of Appeal of Florida, Fourth District.
Sep 20, 1995.
Published opinion
664 So. 2d 7
1995 Fla. App. LEXIS 9904
1995 WL 553023
Debra J. Snow of Stephens, Lynn, Klein & MeNicholas, P.A., Miami, for appellants., Marvin Weinstein of Grover Ciment Weinstein Stauber & Friedman, Miami Beach, for appellee.
Dell, Glickstein, Stone.
Cited by 2 opinions  |  Published
PER CURIAM.

This is an appeal by St. Lucie Harvesting and Caretaking Corp. and Ten Mile Creek Groves, Inc., defendants and orange grove owners, from two St. Lucie Circuit Court orders: (1) an October 26, 1994, order granting appellee/plaintiff Vicente Cervantes’ motion for a new trial, and (2) a November 9, 1994, order vacating the judgment of directed verdict and judgment for costs against[*8] Cervantes entered pursuant to this court’s mandate from an appeal in St. Lucie Harvesting and Caretaking Corp. v. Cervantes, 639 So.2d 37 (Fla. 4th DCA), rev. denied, 642 So.2d 1362 (Fla.1994). There, this court reversed and remanded an original judgment for appellee/plaintiff Cervantes and directed the entry of a directed verdict in favor of the defendant orange grove owners. Here, we reverse the order for new trial and order vacating the judgment of directed verdict and judgment for costs, and remand to the trial court for reentry of the judgment of directed verdict and judgment of costs for defendants as we previously directed.

Appellee’s counsel has led the trial court into error by attempting — for the first time after our decision — to seek retrial of this case by introducing available evidence which appellee’s counsel did not seek to introduce at trial. Our previous direction being clear, the trial court was without authority to disregard that direction. See Apalachicola N.R.R. v. Tyus, 114 So.2d 33 (Fla. 1st DCA 1959), quashed on other grounds, 130 So.2d 580 (Fla.1961).

The court has duly considered and rejected all of appellee’s arguments.

GLICKSTEIN, DELL and STONE, JJ., concur.