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Iorio v. State

District Court of Appeal of Florida, Fourth District
Jul 5, 1974
297 So. 2d 116 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-1180.

July 5, 1974.

Ray Sandstrom, Sandstrom Hodge, Fort Lauderdale, for defendant.

Philip S. Shailer, State's Atty., and Jon H. Gutmacher, Asst. State's Atty., Fort Lauderdale, for plaintiff.


Upon examination of Rule 4.6, F.A.R., 32 F.S.A., pertaining to certified questions and consideration of the applicable authorities interpreting such rule, we must respectfully decline to answer the question. Miller v. Esca Rosa Development Corporation, Fla.App. 1973, 284 So.2d 227; First National Bank T. Co. v. Great American Ins. Co., Fla.App. 1972, 257 So.2d 73; City of Hollywood v. Peck, Fla. 1952, 57 So.2d 842. The question presented is one which the trial court has the power to adjudicate and is reviewable on appeal; furthermore, this court's determination would not necessarily be dispositive of the cause. State v. Kanter, Fla.App. 1973, 273 So.2d 772; State v. Brooks, Fla.App. 1972, 269 So.2d 23; In re Adoption of Taylor, Fla.App. 1964, 166 So.2d 476; cf. United States v. Gaines, 5 Cir. 1974, 489 F.2d 690.

Certified question denied.

CROSS and MAGER, JJ., and ANDERSON, ALLEN C., Associate Judge, concur.


Summaries of

Iorio v. State

District Court of Appeal of Florida, Fourth District
Jul 5, 1974
297 So. 2d 116 (Fla. Dist. Ct. App. 1974)
Case details for

Iorio v. State

Case Details

Full title:JOSEPH ALFRED IORIO, JR., DEFENDANT, v. STATE OF FLORIDA, PLAINTIFF

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 5, 1974

Citations

297 So. 2d 116 (Fla. Dist. Ct. App. 1974)

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We respectfully decline to answer the certified question. We find the reasons stated in Iorio v. State, 297…