JOSEPH ALFRED IORIO, JR., DEFENDANT,
v.
STATE OF FLORIDA, PLAINTIFF
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PER CURIAM.
Upon examination of Rule 4.6, F.A.R., 32 F.S.A., pertaining to certified questions and consideration of the applicable authorities interpreting such rule, we must respectfully decline to answer the question. Miller v. Esca Rosa Development Corporation, Fla.App.1973, 284 So. 2d 227; First National Bank & T. Co. v. Great American Ins. Co., Fla.App.1972, 257 So. 2d 73; City of Hollywood v. Peck, Fla.1952, 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 Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Connors, 332 So. 2d 336 (Fla. 1976)…or appellate review pursuant to Rule 4.6, Florida Appellate Rules, 1962 Revision, go unanswered unless they are “determinative of the cause.” Rule 4.6(a), supra; Niemi v. Mebane Oil Co., Inc., 303 So. 2d 661 (Fla. 4th App.Dist.1974); Iorio v. State, 297 So. 2d 116 (Fla. 4th App.Dist.1974). In the present case, likewise, the Court is asked to resolve a difference of opinion with no assurance that its mandate will have any concrete effect. Here as in Ervin v. City of North Miami Beach, 66 So. 2d 235 (Fla.1953)…
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Barnett Bank OF Cocoa, N.A. v. Osborne, 333 So. 2d 65 (Fla. 4th DCA 1976)…PER CURIAM. This matter was considered on certified question from the Circuit Court for Brev-ard County. We respectfully decline to answer the certified question. We find the reasons stated in Iorio v. State, 297 So. 2d 116 (Fla.App. 4th 1974) to be equally applicable herein. WALDEN, C. J., ALDERMAN, J., and BERANEK, JOHN R., Associate Judge, concur.…
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State v. Gamble, 330 So. 2d 188 (Fla. 2d DCA 1976)…ements, which are sparse in certain material respects, it is clear that this court’s answer to the question would not be dispositive of the entire cause. Niemi v. Mebane Oil Co., Fla.App. 4th, 1974, 303 So. 2d 661; Iorio v. State, Fla.App.4th, 1974, 297 So. 2d 116; University of Tampa, Inc. v. Hillsborough County, Fla.App.2d, 1974, 287 So. 2d 708. CERTIFICATE DENIED. McNULTY, C. J., and HOBSON and BOARDMAN, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Gaines, 489 F.2d 690 (5th Cir. 1974)
- The First Nat'l Bank & Tr. Co. v. Great Am. Ins. Co., 257 So. 2d 73 (Fla. 2d DCA 1972)
- In re Est. of Louise Thourez v. Palmer First Nat'l Bank & Tr. Co. OF Sarasota, 166 So. 2d 476 (Fla. 2d DCA 1964)
- Miller v. Esca Rosa Dev. Corp., 284 So. 2d 227 (Fla. 1st DCA 1973)
- In re Adoption by Benny J. Taylor and Maxine C. Taylor, 166 So. 2d 476 (Fla. 2d DCA 1964)
- State v. Kanter, 273 So. 2d 772 (Fla. 4th DCA 1973)
- State v. Brooks, 269 So. 2d 23 (Fla. 4th DCA 1972)