RENEE RODRIGUEZ, PETITIONER,
v.
THE HONORABLE GEOFFREY D. COHEN, CIRCUIT COURT JUDGE, 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY FLORIDA, AND THE STATE OF FLORIDA, RESPONDENTS

Fla. 4th DCA | 1995-06-07
No. 95-1621
KLEIN, PARIENTE and SHAHOOD, JJ., concur.
658 So. 2d 1049 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We deny the writ of prohibition. See Bollinger v. Cohen, 656 So. 2d 205 (Fla. 4th DCA 1995). Because the same issue is involved here as in Bollinger, we certify the same question to the supreme court as one of great public importance:

WHETHER A CIRCUIT JUDGE MAY BE ASSIGNED ON A REGULAR BASIS TO PART-TIME DUTIES AS A COUNTY JUDGE, PRESIDING OVER MISDEMEANOR PROSECUTIONS, NOT ARISING OUT OF THE SAME CIRCUMSTANCES AS A PENDING FELONY, INCIDENT TO THE OPERATION OF A DULY INSTITUTED DOMESTIC VIOLENCE COURT.

KLEIN, PARIENTE and SHAHOOD, JJ., concur.


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  • Lambert v. The Berkley S. Condo. Ass'n, Inc., 680 So. 2d 588 (Fla. 4th DCA 1996)
    …uage of a document and consider parol evidence only when the document is ambiguous on its face. E.g., Everglade Lumber Co. v. Nettleton Lumber Co., 111 Fla. 333,149 So. 736 (1933); Kraft v. Mason, 668 So. 2d 679 (Fla. 4th DCA 1996); Gorman v. Kelly, 658 So. 2d 1049 (Fla. 4th DCA 1995); Royal Continental Hotels, Inc. v. Broward Vending, Inc., 404 So. 2d 782 (Fla. 4th DCA 1981). Whether a document is ambiguous depends upon whether it is reasonably susceptible to more than one interpretation. State Farm Fire & C…
  • …vor of the insured and strictly against the insurer.” State Farm Fire & Cas. Co. v. CTC Dev. Corp., 720 So. 2d 1072, 1076 (Fla.1998). Moreover, a court may consider extrinsic evidence to clarify the meaning of an ambiguous contract. Gorman v. Kelly, 658 So. 2d 1049, 1052 (Fla. 4th DCA 1995). The resolution of this point on appeal turns on whether the primary policy is a blanket policy or a scheduled policy. “A distinction must be made between a policy which speaks in terms of a lump-sum obligation or value of…
  • Levitt v. Levitt, 699 So. 2d 755 (Fla. 4th DCA 1997)
    …only when a term in a marital settlement agreement is ambiguous or unclear that the trial court may consider extrinsic evidence as well as the parties’ interpretation of the contract to explain or clarify the ambiguous language. See Gorman v. Kelly, 658 So. 2d 1049, 1052 (Fla. 4th DCA 1995); Vienneau v. Metropolitan Life Ins. Co., 548 So. 2d 856, 859 (Fla. 4th DCA 1989). In the instant case, the provision in the marital settlement agreement making payment of attorney’s fees subject to the former husband’s rev…

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