IDEAL ROCK PRODUCTS CO., A FLORIDA CORPORATION, PLAINTIFF,
v.
HENRY'S DRIVE-IN OF FLORIDA, INC., A FLORIDA CORPORATION, DEFENDANT

Fla. 3d DCA | 1963-05-14
No. 63-248
Before PEARSON, TILLMAN, C. J., and HORTON and BARKDULL, JJ.
152 So. 2d 791 Florida District Court of Appeal, Third District (1963) Positive Treatment
Cited by 2 cases

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Holding

The Circuit Court can consider evidence from the Civil Court of Record when ruling on a motion for summary judgment after transfer.


Facts & Procedural History

A case was transferred from the Civil Court of Record to the Circuit Court. The Circuit Court considered a motion for summary judgment.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The following question has been certified 1 to this Court by the Circuit Court of the Eleventh Judicial Circuit:

“Following the transfer of a cause under Rule 1.39(b) of the Florida Rules of Civil Procedure [30 F.S.A.], from the Civil Court of Record to the Circuit Court, pursuant to mandate, can the Circuit Court, in ruling on a motion for summary judgment, consider documentary evidence, depositions and transcript of trial, properly placed in the record prior to the exceeding of the jurisdiction of the Civil Court of Record where such record has been transmitted with a certified copy of the order of transfer to the Circuit Court?”

We have examined the question, the basis upon which it was certified and the briefs of the parties.2 We have determined that the question is one which should be answered under the rules previously set forth in Schwob Co. of Florida v. Florida Industrial Commission, 152 Fla. 203, 11 So.2d 782; Davies v. Davies, Fla.App.1959, 113 So.2d 250.

It has frequently been pointed out that the rules of court should be administered for an expeditious disposal of litigation in the interest of justice. Glassman v. Deauville Enterprises, Inc., Fla.App.1958, 99 So.2d 641.

Judicial work should not be repeated unless necessary to correct the error which the reviewing court found prejudicial, or unless the court lacked jurisdiction. The question certified points out that when the record was made, the Civil Court of Record had jurisdiction; therefore, the record prior to the judgment need not be discarded because the court had jurisdiction to make the record. We hold that the question certified should be and is answered in the affirmative.


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Citator

Cited By

  • Henry Stiles, Inc. v. Evans, 206 So. 2d 65 (Fla. 4th DCA 1968)
    …g that the spirit of the rules should prevail over the letter are Davis v. Evans, Fla.App.1961, 132 So. 2d 476, cited in Young v. Pyle, Fla.App.1967, 193 So. 2d 659 at 663, and Rleal Rock Products Co. v. Henry’s Drive-In of Fla., Inc., Fla.App.1963, 152 So. 2d 791.…

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