Newcomb v. Roarty

8 Citing cases

  1. State v. Potter

    224 So. 2d 291 (Fla. 1969)   Cited 5 times

    Waite v. Wilson, 54 So.2d 152, 153 (Fla. 1951); Hunter v. Flowers, 38 So.2d 438 (Fla. 1949). Newcomb v. Roarty, 93 So.2d 373 (Fla. 1957); Stark v. Malcom, 38 So.2d 469 (Fla. 1949). We are therefore, compelled to deny the certificate.

  2. State v. Cason

    194 So. 2d 257 (Fla. 1967)   Cited 1 times

    Previous cases rejecting inquiries on evidentiary and related issues have reinforced the clear language of the rule limiting its use to situations where the cause itself may be finally disposed of at this point in the proceeding if the question is conclusively resolved in one party's favor. Newcomb v. Roarty, Fla. 1957, 93 So.2d 373; In re Taylor, Fla.App. 1964, 166 So.2d 476. Because of the express limitation of the rule and its clear intent to preclude inappropriate interference with the exercise of trial jurisdiction, the certificate should be rejected.

  3. Goodnight v. Capiello

    340 So. 2d 980 (Fla. Dist. Ct. App. 1976)

    Said rule is to be strictly construed and applied. 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.

  4. 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.

    Said rule is to be strictly construed and applied. 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.

  5. Franklin v. Brown

    279 So. 2d 83 (Fla. Dist. Ct. App. 1973)

    "The Supreme Court of Florida has held that the appellate jurisdiction cannot be invoked and a cause bodily transferred to the appellate court except from a determination of the trial court. Newcomb v. Roarty, Fla. 1957, 93 So.2d 373. This rule is necessary because the jurisdiction conferred on the circuit court under Section 6 of Article 5 of the Constitution of Florida, 26 F.S.A., cannot be transferred to this Court by Rule 4.6, Florida Appellate Rules, 31 F.S.A. The Constitution confers original jurisdiction on the circuit court to adjudicate the question posed here. The conclusion reached in the circuit court may be reviewed on appeal. Sieverts v. Loffer, Fla. 1950, 45 So.2d 483.

  6. First Natl. Bk. T. v. Great Am. Ins. Co.

    257 So. 2d 73 (Fla. Dist. Ct. App. 1972)   Cited 4 times

    The Circuit Court cannot divest itself of its original jurisdiction which is prescribed and ordained by the Constitution. Nor, by the same token, can this appellate Court preempt that trial jurisdiction. Newcomb v. Roarty, Fla. 1957, 93 So.2d 373; State v. Tindell, Fla. 1955, 82 So.2d 746; and City of Hollywood v. Peck, Fla. 1952, 57 So.2d 842. Also, before an appellate Court may properly be called upon to answer a question certified to it by F.A.R. 4.6, there must have been a prior judicial determination by the trial Court of the question so certified. Rosen v. Hunter, Fla.App. 1969, 227 So.2d 689; Pridgeon v. Folsom, Fla. App. 1965, 174 So.2d 619.

  7. In re Taylor

    166 So. 2d 476 (Fla. Dist. Ct. App. 1964)   Cited 1 times

    This court declines to answer the question certified to us under Florida Appellate Rule 4.6, 31 F.S.A. as an examination of the certificate forwarded to us reveals that an answer by us would not be dispositive of this case. See Newcomb v. Roarty, Fla. 1957, 93 So.2d 373; also State v. Tindell, Fla. 1955, 82 So.2d 746. ALLEN, Acting C.J., and SHANNON and WHITE, JJ., concur.

  8. Rosenberg v. Ryder Leasing, Inc.

    159 So. 2d 873 (Fla. Dist. Ct. App. 1964)   Cited 5 times

    The Supreme Court of Florida has held that the appellate jurisdiction cannot be invoked and a cause bodily transferred to the appellate court except from a determination of a trial court. Newcomb v. Roarty, Fla. 1957, 93 So.2d 373. This rule is necessary because the jurisdiction conferred on the circuit court under Section 6 of Article 5 of the Constitution of Florida, 26 F.S.A., cannot be transferred to this Court by Rule 4.6, Florida Appellate Rules, 31 F.S.A. The Constitution confers original jurisdiction on the circuit court to adjudicate the question posed here. The conclusion reached in the circuit court may be reviewed on appeal. Sieverts v. Loffer, Fla. 1950, 45 So.2d 483.