Dixie Sightseeing Tours, Inc. v. Florida Transportation Co.

These parties were previously before this Court in Florida Transp. Co. v. Dixie Sightseeing Tours, Inc., Fla.App.1962, 139 So.2d 175. In that opinion we held:

“The verdict and judgment in favor of the plaintiff Dixie Sightseeing Tours, Inc. is sustained on liability, but the judgment is reversed as to damages. The cause is remanded for a new trial on damages as to both defendants.”

Thereafter, plaintiff instituted a new complaint on the same cause of action. Thereupon the trial judge dismissed the second complaint with prejudice.

Upon the issuance of a mandate from this Court, a party may not…