JOSEPHINE ROSENBERG, PLAINTIFF,
v.
RYDER LEASING, INC., DEFENDANT
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The court affirmed a judgment in favor of the defendant in an ejectment action, finding that the property in question was the defendant's homestead and therefore exempt from a prior sheriff's sale.
The court held that the entire property, including the garage apartment and appurtenances, constituted the defendant's homestead and was exempt from the sheriff's sale.
The plaintiff purchased the defendant's property at a sheriff's sale following a judgment against the defendant. The defendant claimed the property, i…
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Certified to this Court for a decision under Rule 4.6, Florida Appellate Rules, 31 F.S.A., is the following question.
“STATEMENT OF FACTS
“ATTACHED HERETO and incorporated by reference is the Plaintiff’s Amended Complaint which satisfies the necessary facts to determine this question.
“CERTIFIED QUESTION
“May the Plaintiff have civil relief in tort if the Defendant has breached Chapter 818.01, and/or 818.03 of the Florida Statutes — said statutes constituting a misdemeanor under the laws of the State of Florida, and if answered in the affirmative, can the Plaintiff recover punitive as well as compensatory damages against the Defendant for the breach of duty, if there is a gross disregard of the Plaintiff’s rights accompanying the aforementioned breach in duty.”
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 confer*874red 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.
The area within which Rule 4.6, Florida Appellate Rules, 31 F.S.A., operates has been carefully delineated by the Supreme Court. Schwob Co. v. Florida Industrial Comm’n, 152 Fla. 203, 11 So.2d 782 (1942).
It follows that the certificate must be denied as not being within the contemplation of the rule.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rosen v. Hunter, 227 So. 2d 689 (Fla. 3d DCA 1969)…note that we cannot answer the certified question since there has been no prior judicial determination by the court certifying it to us. Jordan v. Aetna Insurance Company, Fla.App.1968, 172 So. 2d 483; Rosenberg v. Ryder Leasing, Inc., Fla.App.1964, 159 So. 2d 873. However, the appellant’s motion, framing the issues for our resolution, will suffice to invoke this court’s jurisdiction for purposes of settling the issue regarding equity of redemption. Eg., McCutchen v. Hillman, Fla.App.196S, 177 So. 2d 893; D.…
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Jordan v. AETNA Ins. Co., 172 So. 2d 483 (Fla. 1st DCA 1965)…swer the question as certified.3 CARROLL, DONALD, -K., Acting Chief Judge, WIGGINTON and RAWLS, JJ., concur. . See Schwob Co. of Florida v. Florida Industrial Commission, 152 Fla. 203, 11 So. 2d 782 (Fla.1942). . Rosenberg v. Ryder Leasing, Inc., 159 So. 2d 873 (Fla.App.3d, 1964). . Chapman v. Slaff, 101 So. 2d 413 (Fla.App.1st, 1958).…
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The First Nat'l Bank & Tr. Co. v. Great Am. Ins. Co., 257 So. 2d 73 (Fla. 2d DCA 1972)…Fla.1951, 51 So. 2d 186. [*76] The original jurisdiction conferred upon Circuit Courts by Art. V, § 6 of the Constitution, F.S.A., cannot be transferred to the District Courts of Appeal by F.A.R. 4.6. Rosenberg v. Ryder Leasing, Inc., Fla.App.1964, 159 So. 2d 873; Jordan v. Aetna Ins. Co., Fla.App.1965, 172 So. 2d 483; Sieverts v. Loffer, Fla.1950, 45 So. 2d 483. The Circuit Court cannot divest itself of its original jurisdiction which is prescribed and ordained by the Constitution. Nor, by the same token,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Schwob Co. of Fla. v. Fla. Indus. Comm'n, 152 Fla. 203 (Fla. 1942)
- Curtis S. Newcomb and wife v. Edward P. Roarty and wife, 93 So. 2d 373 (Fla. 1957)