Gordon v. Norris

2 Citing cases

  1. Jaworski v. City of Opa-Locka

    149 So. 2d 33 (Fla. 1963)   Cited 20 times

    One of the purposes of the rule is to enable a circuit court to apply to the appropriate appellate court for instructions regarding questions of law which arise in the course of pending litigation and a decision upon which would be dispositive of the cause. Limitations on the type of questions are illustrated by our decisions in Schwob Company v. Florida Industrial Commission, 152 Fla. 203, 11 So.2d 782, and, Gordon et al. v. Norris et al., Fla., 90 So.2d 914. Since the creation of the District Courts of Appeal, numerous questions have been certified to those courts for answer. Cf., Davies v. Davies, 113 So.2d 250; Clar v. Dade County, 116 So.2d 34; In re Aron's Estate, 118 So.2d 546; McGuckin et al. v. Dade County, 121 So.2d 63. In McGuckin the District Court of Appeal declined to answer the certified question because it presented a proposition which required the construction of a controlling provision of the State Constitution. If decided by the circuit court, the proposition would have been subject to review by the Supreme Court on direct appeal.

  2. Niemi v. Mebane Oil Company, Inc.

    303 So. 2d 661 (Fla. Dist. Ct. App. 1974)   Cited 3 times
    In Niemi v. Mebane Oil Company, Inc., 303 So.2d 661 (Fla. 4th DCA 1974), the identical situation was presented wherein the answer would determine only one of the elements of damage.

    Newcomb v. Roarty, Fla. 1957, 93 So.2d 373. Incidental questions occurring throughout the litigation, the resolution of which might be helpful, if not dispositive of the entire case, are not properly the subject of a certified question. Newcomb v. Roarty, supra; Gordon v. Norris, Fla. 1956, 90 So.2d 914. In the latter case the Supreme Court pointed out that in order to avoid intruding on established areas of judicial procedure the exercise of jurisdiction under the certified question rule necessarily has its limitations, some of which are: