SAM SPECTOR AND BETTY SPECTOR, APPELLANTS,
v.
TRANS WORLD AIRLINES, INC., APPELLEE

Fla. 4th DCA | 1988-04-06
No. 88-0062
GLICKSTEIN and STONE, JJ., concur., HERSEY, C.J., concurs in result only.
523 So. 2d 704 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellee’s motion to dismiss is granted. See Johnson v. Citizens State Bank, 518 So. 2d 410 (Fla. 1st DCA 1988); Paul v. City of Miami Beach, 519 So. 2d 1150 (Fla. 3d DCA 1988). We certify to the Florida Supreme Court the same issue presented in those cases:

WHEN A PARTY SEEKS APPELLATE REVIEW OF A NON-APPEALABLE ORDER, AND ASSUMING THAT THE NOTICE OF APPEAL IS TIMELY FILED IN THE LOWER TRIBUNAL, MUST THE NOTICE OF APPEAL BE FILED IN THE APPELLATE COURT WITHIN 30 DAYS OF RENDITION OF THE ORDER IN ORDER FOR THE APPELLATE COURT TO HAVE JURISDICTION TO TREAT THE NOTICE AS A PETITION FOR WRIT OF CERTIO-RARI?

GLICKSTEIN and STONE, JJ., concur. HERSEY, C.J., concurs in result only.


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  • State v. Hargrove, 694 So. 2d 729 (Fla. 1997)
    …243 (Fla. 3d DCA 1989) (finding cannot be inferred by court based upon another conviction involving display of a firearm); Sears v. State, 539 So. 2d 1174 (Fla. 4th DCA 1989) (required specific finding to uphold mandatory minimum); Douglas v. State, 523 So. 2d 704 (Fla. 2d DCA 1988) (the proper means to determine whether firearm was used is by specific question on the verdict form); Henry v. State, 483 So. 2d 860 (Fla. 5th DCA 1986) (enhancement was error where there was no specific finding). While a specifi…
  • R.S. Johnson v. Citizens State Bank, 537 So. 2d 96 (Fla. 1989)
    …BARKETT, Justice. We have for review Johnson v. Citizens State Bank, 518 So. 2d 410 (Fla. 1st DCA [*97] 1988), and Spector v. Trans World Airlines, Inc., 523 So. 2d 704 (Fla. 4th DCA 1988), in which the district courts certified the following question to be of great public importance:1 When a party seeks appellate review of a nonappealable order, and assuming that the notice of appeal is timely filed in the lower…
  • Franklin v. State, 541 So. 2d 1227 (Fla. 2d DCA 1989)
    …irements before a court may reclassify an offense. First, appellant must be charged with a felony for which the use of a weapon is not an essential element. Second, the jury must make a factual finding that appellant used a weapon. Douglas v. State, 523 So. 2d 704 (Fla. 2d DCA 1988); State v. Overfelt, 457 So. 2d 1385 (Fla.1984). We encounter our difficulty here with the first requirement only. Although appellant was charged with second degree murder, a felony for which the use of a weapon is not an essential…

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