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Sullivan v. State ex Rel. Pardew

Supreme Court of Florida, Division A
Apr 13, 1951
51 So. 2d 791 (Fla. 1951)

Opinion

April 13, 1951.

An Appeal from the Circuit Court for Dade County, George E. Holt, Judge.

Richard W. Ervin, Atty. Gen. and Murray Sams, Jr., Asst. Atty. Gen., for appellant.

George S. Okell, Miami, for appellee.


The opinion in this cause was filed January 5, 1951. It concluded with the following paragraph: "The judgment appealed from is accordingly reversed on authority of State ex rel. Lungdahl v. Sullivan, 155 Fla. 817, 21 So.2d 713 and like cases. Reversed." [ 49 So.2d 800, 801.]

We are confronted with a motion to recall the mandate, issued January 22, 1951, and clarify the opinion by adding thereto the words, petitioner is remanded to the custody of the sheriff.

We do not think it necessary to recall the mandate for this purpose. Certainly the amendment suggested should have been added but from the language of the opinion its necessary effect was to remand petitioner to the custody of the sheriff which should have been done as soon as the Court was advised of the opinion.

The motion to recall the mandate is accordingly denied.

It is so ordered.

SEBRING, C.J., and THOMAS and HOBSON, JJ., concur.


Summaries of

Sullivan v. State ex Rel. Pardew

Supreme Court of Florida, Division A
Apr 13, 1951
51 So. 2d 791 (Fla. 1951)
Case details for

Sullivan v. State ex Rel. Pardew

Case Details

Full title:JIMMY SULLIVAN, SHERIFF OF DADE COUNTY, FLORIDA, APPELLANT, v. STATE OF…

Court:Supreme Court of Florida, Division A

Date published: Apr 13, 1951

Citations

51 So. 2d 791 (Fla. 1951)