Bloxham v. Florida Central & Peninsular Railroad

Citations

• 39 Fla. 243

Syllabus

<p>1. Bills of review and supplemental bills in the nature of bills of re” view, when permissible according to the settled rules of chancery practice, may be allowed to be filed in the lower court to affect decrees rendered there, but other considerations are involved where such bills are resorted to after the decree of the lower court has been passed upon by the appellate court.</p> <p>2. When the appellate court affirms the decree of the lower court, or when such decree is modified on appeal either as to questions of law of fact necessarily involved, with directions for further proceedings consistent with the opinion, the lower court has no authority to open the case for a new trial or to enter any other judgment than that directed to be entered, unless authority to do so be expressly given by the appellate court.</p> <p>3. The mandate of the appellate court should be construed with reference to the opinion of the court rendered in the case m which it is issued.</p> <p>4. The appellate court has the power on an independent petition filed for that purpose, after a mandate on a former appeal has been issued and lodged in the lower court and a judgment entered thereon, to grant leave to apply to file a bill of review, or supplemental bill in the nature of a bill of review. Such leave should not be granted as a matter of course, but only in the exercise of a sound discretion when it appears that good and sufficient grounds exist for filing such bill, aud where the application is made on the ground of newly discovered matter the question of the materiality of the alleged new matter and laches will both arise.</p> <p>5. The Supreme Court has the power in awarding on appeal the decree, whether of affirmance or reversal, to be entered by the lower court, to direct that it shall be without prejudice to the right to mate application m said court for leave to file a bill of review, or supplemental bill in the nature of a bill of review, when it appears from the record in the