Basic Energy Corp. v. Hamilton County
Basic Energy Corp. v. Hamilton County
Opinion of the Court
ON MOTION TO ENFORCE MANDATE
Appellant has filed with this court a motion to enforce mandate
As appellant points out, “[a] trial court’s role upon the issuance of a mandate from an appellate court becomes purely ministerial and its function is limited to obeying the appellate court’s order or decree.... A trial court does not have discretionary power to alter or modify the mandate of an appellate court in any way, shape or form,” and may not “change the law of the case as determined by the highest court hearing the case.” Torres v. Jones, 652 So.2d 893 (Fla. 3d DCA 1995).
However, further inquiry may be necessary to determine what is required in order to comply with the mandate. “A remand phrased in language which limits the issues for determination will preclude consideration of new matters affecting the cause- Concomitantly, ‘[i]t is well settled that, upon reversal and remand with general directions for further proceedings, a trial judge is vested with broad discretion in handling or directing the course of the cause thereafter.’ ” City of Palm Bay v. State, Department of Transportation, 588 So.2d 624, 627 (Fla. 1st DCA 1991). In addition, “ ‘a prior judgment of reversal is not necessarily an adjudication by the appellate court of any points other than the question in terms discussed and decided, but if, however, a particular holding is implicit in the decision rendered, it is no longer open for consideration ’ ” (emphasis supplied). Smith v. Frank Griffin Volkswagen, Inc., 645 So.2d 585 (Fla. 1st DCA 1994) citing S/D Enterprises, Inc. v. Chase Manhattan Bank, 375 So.2d 1109, 1111 (Fla. 3d DCA 1979).
In its decision in the underlying appeal, this court determined the order of taking was not supported by the establishment of a valid municipal purpose, and reversed and remanded for further consistent proceedings. No motions for rehearing or clarification were filed.
Upon consideration of the arguments presented in Basic Energy’s motion to enforce mandate and the City’s response, we conclude it is implicit in the opinion that the order of taking, determined to be invalid, must be vacated. We also conclude it is implicit in the opinion, when considered in light of the original petition filed by the City, that in order to proceed on any alternative theory, an amended petition will be required.
At present, the trial court has simply continued these matters. Since our directions were for further consistent proceedings,
. Appellant initially filed a petition for writ of mandamus, which this court elected to treat as a motion to enforce mandate. Appellant subsequently filed an emergency motion for relief on the petition for writ of mandamus. We issued an order to show cause, to which the city responded.
. Section 73.021, Fla.Stat., requires that the petition state, among other things, the use for which the property is to be acquired. An examination of the original petition shows that the only use stated in that petition is the one later found to be invalid.
Reference
- Full Case Name
- BASIC ENERGY CORPORATION v. HAMILTON COUNTY, Florida, a Political Subdivision of the State of Florida, The City of Jasper, Florida, a municipal corporation organized and existing under the laws of the State of Florida
- Cited By
- 4 cases
- Status
- Published