JOSEPH M. OGLESBY AND MARIE OGLESBY, HIS WIFE, PLAINTIFFS,
v.
WILLIAM E. POWELL AND JANICE I. POWELL, ETC., ET AL., DEFENDANTS

Fla. 1st DCA | 1975-09-09
No. X-419
BOYER, C. J., and RAWLS and Mc-CORD, JJ., concur.
318 So. 2d 406 Florida District Court of Appeal, First District (1975) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The certified question here presented is not in compliance with Rule 4.6, Florida Appellate Rules. The question is one that will be determinative of the cause only if it is answered in a particular way and will not be determinative of the cause if it is answered in another. Such a question in a legal action may be presented to this court by common law certiorari if the trial court makes an interlocutory ruling upon it and if the necessary requisites set forth in Dairyland Insurance Company v. McKenzie, Fla.App.(lst), 251 So. 2d 887, are clearly established.

Certified question denied.

BOYER, C. J., and RAWLS and Mc-CORD, JJ., concur.


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  • State v. McCORMICK, 358 So. 2d 250 (Fla. 4th DCA 1978)
    …he above question would not be determinative of the cause and the question is not without controlling precedent in this State as required by Rule 4.6, Florida Appellate Rules. The certified question, therefore, must be denied. See Oglesby v. Powell, 318 So. 2d 406 (Fla.App. 1st 1975). Certified question denied. DOWNEY, C. J., and CROSS and MOORE, JJ., concur.…

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