STATE OF FLORIDA, PLAINTIFF,
v.
ROBERT KANTER, DEFENDANT

Fla. 4th DCA | 1973-02-28
No. 72-182
REED, C. J., and WALDEN and MA-GER, JJ., concur.
273 So. 2d 772 Florida District Court of Appeal, Fourth District (1973) Positive Treatment
Cited by 4 cases

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Synopsis

This interlocutory appeal concerns a partial summary final judgment in favor of the insurer, Employers Mutual Liability Insurance Company, on all claims against it except those related to property damage caused by a lift's collapse in London.


Holding

The trial court granted a partial summary judgment for the insurer, finding that the insurance policy did not cover claims against the insurer except for property damage resulting from the specific incident in London.


Facts & Procedural History

Plaintiff purchased "Hi-Lift Scissor Lifts" from the Traficants, alleging breach of express and implied warranties and negligent design. One lift coll…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon a review of the certificate forwarded to us pursuant to Rule 4.6, F.A.R., 32 F.S.A., and an examination of the applicable authorities, we must respectfully decline to answer the question. Boyer v. City of Orlando, Fla.1970, 232 So.2d 169; First National Bank & T. Co. v. Great American Ins. Co., Fla.App.1972, 257 So.2d 73; In re Adoption of Taylor, Fla.App.1964, 166 So.2d 476; City of Hollywood v. Peck, Fla.1952, 57 So.2d 842; Laytner v. State, Fla.App.1970, 239 So.2d 857; State v. Harris, Fla.1962, 136 So.2d 633. The question presented to us is one which the trial court has the power to adjudicate and *773which may be reviewed on appeal; furthermore, this court’s determination would not necessarily be dispositive of the case.

REED, C. J., and WALDEN and MA-GER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Iorio v. State, 297 So. 2d 116 (Fla. 4th DCA 1974)
    …52, 57 So. 2d 842. The question presented is one which the trial court has the power to adjudicate and is reviewable on appeal; furthermore, this court’s determination would not necessarily be dispositive of the cause. State v. Kanter, Fla.App.1973, 273 So. 2d 772; State v. Brooks, Fla.App.1972, 269 So. 2d 23; In re Adoption of Taylor, Fla.App.1964, 166 So. 2d 476; cf. United States v. Gaines, 5 Cir. 1974, 489 F. 2d 690. Certified question denied. CROSS and MAGER, JJ., and ANDERSON, ALLEN C., Associate Judg…
  • State v. Gutierrez, 330 So. 2d 197 (Fla. 3d DCA 1976)
    …fied questions, and the holding in Moeller v. Doe, Fla.App.1975, 309 So. 2d 611, we decline to answer the certified question propounded to us by the circuit court. See Iorio v. State, Fla.App. 1974, 297 So. 2d 116; and State v. Kanter, Fla.App.1973, 273 So. 2d 772. Certified question denied.…

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