J. W. PRIDGEON, PLAINTIFF,
v.
HAYWOOD FOLSOM ET AL., DEFENDANTS
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The First District Court of Appeal of Florida declined to answer a certified question from a lower court regarding statutory compensation for a sheriff, citing existing controlling precedent and the lower court's authority to rule on the matter.
The court declined to answer the certified question, finding that controlling precedent already existed and that the trial court possessed the authority to construe the statutes and adjudicate the question.
“It is our view that there appears to be controlling precedent in this state on which the decision of the trial judge could be based.”
This quote explains the court's reasoning for declining to answer the certified question, indicating that existing law already addressed the issue.
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Join FLexlaw to unlock all legal intelligenceA judge of the Third Judicial Circuit of Florida certified a question to the appellate court concerning the statutory compensation owed to a plaintiff…
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A judge of the Third Judicial Circuit of Florida has, pursuant to Rule 4.6, Florida Appellate Rules, 31 F.S.A., certified to this Court a question concerning the amount of compensation to which the plaintiff is entitled under the statutes of this state. The answer to the question depends upon the proper construction to be placed upon the pertinent statutes dealing with the amount of compensation to be paid to the sheriff of Lafayette County during the years 1959 and 1960.
It is our view that there appears to be controlling precedent in this state on which the decision of the trial judge could be based. The trial court, under Section 6 of Article V of the Constitution of this state, F.S.A., has the power to construe the statutes and adjudicate the question, the answer *620to which may be reviewed on appeal if desired. In the exercise of its discretion this Court therefore respectfully declines to answer the question as certified.1
STURGIS, C. J., and CARROLL, DONALD K., and RAWLS, TJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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The First Nat'l Bank & Tr. Co. v. Great Am. Ins. Co., 257 So. 2d 73 (Fla. 2d DCA 1972)…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. The words of the venerable Justice Glenn Terrell of the Supreme Court in Schwob Co. of Florida v. Florida Industrial Commission, 1942, 152 Fla. 203, 11 So. 2d 782, are apropos here: “The appellate jurisdiction of this court cannot be invoked and…
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State Rd. Dep't of Fla. v. Madge English Stack, 231 So. 2d 859 (Fla. 1st DCA 1969)…her jurisdictions, and one encyclopedia for its position, while respondent cites four Florida decisions, five decisions from other jurisdictions, and the same encyclopedia. . Chapman v. Slaff, 101 So. 2d 413 (Fla.App.1st 1958) ; Pridgeon v. Folsom, 174 So. 2d 619 (Fla.App. 1st 1965).…
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O'Grady v. Kortie, 338 So. 2d 1306 (Fla. 1st DCA 1976)…questions, the answers to which may be reviewed on appeal, if desired. Chapman v. Slaff, 101 So. 2d 413 (1 Fla.App. 1958). In the exercise of its discretion, this court respectfully declines to answer the questions as certified. Pridgeon v. Folsom, 174 So. 2d 619 (1 Fla.App.1965). RAWLS, Acting C. J., and MILLS and SMITH, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gertrude Chapman v. Slaff, 101 So. 2d 413 (Fla. 1st DCA 1958)