Yedlin v. Lewis

Fifth Circuit Court of Appeals

Decided March 13, 1962.

Fifth Circuit Court of Appeals · decided 1962-03-13

2 counsel of record

Relies on Hatahley v. United States · Kelley v. Everglades Drainage District · Waterman v. Somervell

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1962-03-13

How this case has been cited

Cited by 19 later decisions — most recently August 1980

2 federal appellate · 6 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1James Lawrence King, Miami Beach, Fla., Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, Fla., of counsel, for appellant.

¶2David Drucker, E. David Rosen, Miami, Fla., Bernard R. Fleisher, New York City, for appellee.

¶3Before RIVES, JONES and GEWIN, Circuit Judges.

¶4PER CURIAM.

¶5The District Court did not make findings of fact and conclusions of law as are required by Rule 52 Fed.Rules Civ.Proc. 28 U.S.C.A. In the absence of findings and conclusions the record before us is inadequate for review. So that such findings and conclusions may be made the judgment of the District Court is vacated and the cause is remanded. See Hatahley v. United States, 351 U.S. 173, 76 S.Ct. 745, 100 L.Ed. 1065; Kelley v. Everglades Drainage District, 319 U.S. 415, 63 S.Ct. 1141, 87 L.Ed. 1485, reh. den. 320 U.S. 214, 63 S.Ct. 1444, 87 L.Ed. 1851, motion den. 321 U.S. 754, 64 S.Ct. 783, 88 L.Ed. 1054.

¶6Vacated and remanded.