CopyCited 282 times | Published | Supreme Court of Florida | 24 U.C.C. Rep. Serv. (West) 1154
...Tribble and Mark Hicks of Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, for Dade County Defense Bar Ass'n, amicus curiae. William M. Hicks, Miami, for Academy of Florida Trial Lawyers, amicus curiae. ADKINS, Justice. This case is presented on certificate as authorized by Fla. Stat. §
25.031, F.S.A., and in Rule 4.61, Florida Appellate Rules, 32 F.S.A., from the United States Court of Appeals for the Fifth Circuit,
504 F.2d 967, in an appeal from a final judgment of the trial court which applied the doctrine of strict liability in a products liability suit....
CopyCited 248 times | Published | Court of Appeals for the Eleventh Circuit | 1983 U.S. App. LEXIS 27141
...erpreted correctly. See generally Railroad Commission v. Pullman Co.,
312 U.S. 496 ,
61 S.Ct. 643 ,
85 L.Ed. 971 (1941). The State of Florida, by providing a procedure for certification of state law issues to the Florida Supreme Court, Fla.Stat.Ann. §
25.031, has afforded a mechanism whereby these values can be given due protection while avoiding the substantial costs of abstention....
CopyCited 126 times | Published | Supreme Court of Florida
...Tribble of Blackwell, Walker, Gray, Powers, Flick & Hoehl, Henry Burnett of Fowler, White, Burnett, Hurley, Banick & Knight, and Steven R. Berger of Carey, Dwyer, Austin, Cole & Selwood, Miami, for appellees. ROBERTS, Justice. Pursuant to Rule 4.61, Florida Appellate Rules and Section 25.031, Florida Statutes, this cause is before us on certificate from the United States Court of Appeals, Fifth Circuit, in an appeal from the decision of the United States District Court, Southern District of Florida, which held that the mal...
CopyCited 119 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 21376, 2001 WL 1167749
...unnecessary decision of federal constitutional questions and
guaranteeing that state law is interpreted correctly. . . . The State of
Florida, by providing a procedure for certification of state law
issues to the Florida Supreme Court, Fla. Stat. Ann. §
25.031, has
afforded a mechanism whereby these values can be given due
protection while avoiding the substantial costs of abstention.
707 F.2d 1176, 1185 (11th Cir....
CopyCited 119 times | Published | Supreme Court of Florida | 65 A.L.R. 3d 238
...Hoeveler, of Knight, Peters, Hoeveler, Pickle, Niemoeller & Flynn, Miami, for defendants-appellees. J. Michael Huey of Smith & Moore, Tallahassee, for The Florida Assn. of the American Institute of Architects, as amicus curiae. *398 CARLTON, Chief Justice. Through avenues authorized by Fla. Stat., § 25.031, F.S.A., and Rule 4.61, Florida Appellate Rules, 32 F.S.A., the United States Court of Appeals, Fifth Circuit, has certified to us the following questions of law: "I....
CopyCited 104 times | Published | Supreme Court of Florida | 1980 Fla. LEXIS 4232
...[6] Florida courts have historically sought cooperation rather than confrontation with the federal judiciary. This is illustrated by the fact that we were the first state to establish a certification process by which a federal appellate court could certify a question of state law to the Supreme Court of Florida. § 25.031, Fla....
CopyCited 80 times | Published | Supreme Court of Florida
...633,
169 So. 532 (1936). [12] Id. See also note 7 above. [13] Fla.App.R. 4.61. Certification was initiated by statute which authorized Supreme Court implementation by rule. Ch. 23098, § 1, Laws of Florida (1945), subsequently reenacted in its present form as §
25.031, Fla....
...[20] At oral argument, Mobil's counsel conceded some uncertainty as to how a favorable determination from this Court would be of any practical benefit to its position in the federal litigation. [21] Both the rule (Fla.App.R. 4.61) and the statute (§ 25.031, Fla....
CopyCited 75 times | Published | Supreme Court of Florida
...Gen., as amicus curiae. Fred M. Burns, Tallahassee, as amicus curiae. ROBERTS, Chief Justice. We here consider two questions of state law certified by the United States Court of *737 Appeals for the Fifth Circuit to this court for decision as authorized by § 25.031, Fla....
...At the risk of unduly lengthening this opinion, we deem it appropriate to note that we have also considered, sua sponte, the question of our jurisdiction constitutionally to entertain the subject proceeding under the authority to do so contained in § 25.031, Fla. Stat., F.S.A., and Florida Appellate Rule 4.61 providing respectively as follows: "25.031 Supreme court authorized to receive and answer certificates as to state law from federal appellate courts....
...erits." We have requested briefs from the parties on this question. We are indebted also to amicus curiae, the Honorable Fred M. Burns, Assistant Attorney General of this State, who held such post in 1945 at the time the legislation now appearing as § 25.031 was conceived, drafted and enacted into law, for the history of this legislation and an exhaustive brief on the question of its validity. Section 25.031 was enacted as § 1 of Ch....
...named writs, should be construed as prohibiting this court from exercising any judicial powers other than those expressly provided for therein. Some doubt as to whether we may constitutionally exercise the judicial power attempted to be conferred by § 25.031 and Rule 4.61 has been generated by the language of this court in City of Dunedin v....
...521, 525,
52 S.Ct. 217, 219,
76 L.Ed. 447, as their `contribution * * * in furthering the harmonious relation between state and federal authority * *.' Railroad Comm. of Texas v. Pullman Co.,
312 U.S. 496, 501,
61 S.Ct. 643, 645,
85 L.Ed. 971." And statutes such as §
25.031 enacted by the Florida Legislature "with rare foresight," [363 U.S....
...jurisdiction of the Supreme Court to those matters expressly conferred upon it, and in the absence of a constitutional provision expressly conferring upon another court jurisdiction to exercise the judicial *743 power which is the subject matter of § 25.031 and Rule 4.61, and in the light of the well settled rule that all sovereign power, including the judicial power, "not limited by a state constitution inheres to the people of [the] state," such power may be granted to this court by statute...
CopyCited 63 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 166, 1994 Fla. LEXIS 458, 1993 WL 241520
...N CLAUSE CONTAINED IN THE COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICY PRECLUDES COVERAGE TO ITS INSURED FOR LIABILITY FOR THE ENVIRONMENTAL CONTAMINATION THAT OCCURRED IN THIS CASE. We have jurisdiction. Art. V, § 3(b)(6), Fla. Const. See also § 25.031, Fla....
CopyCited 57 times | Published | Supreme Court of Florida
...ion or proposition of Florida law which is determinative of this cause, and that there are no clear controlling precedents in the decisions of the Supreme Court of Florida, there is hereby certified to the Supreme Court of Florida in accordance with Section 25.031, Florida Statutes, F.S.A....
...State of Florida nor in the various District Court of Appeals of the State of Florida, so that for the foregoing reasons that construction of the statute involved be certified to the Supreme Court of the State of Florida pursuant to the provision of Section 25.031 Florida Statutes, F.S.A....
CopyCited 51 times | Published | Court of Appeals for the Eleventh Circuit
...We have therefore determined that we should certify this controlling question of state law to the Florida Supreme Court. 19 CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR 20 THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA, 21 PURSUANT TO SECTION 25.031, FLORIDA STATUTES, AND RULE 22 9.150, FLORIDA RULES OF APPELLATE PROCEDURE....
CopyCited 51 times | Published | Supreme Court of Florida
...Chandler, Fort Pierce, for appellant. Jim Smith, Atty. Gen., and Benedict P. Kuehne, Asst. Atty. Gen., West Palm Beach, for appellee. SUNDBERG, Justice. This case comes to us on certification from the United States Court of Appeals for the Fifth Circuit pursuant to section 25.031, Florida Statutes (1979), and Florida Rule of Appellate Procedure 9.510....
...es the law of the case. Since under the circumstances *28 a response to the question posed would not be "determinative of the cause," we decline to undertake an academic discussion of the significance of a reversal "in the interests of justice." See § 25.031, Fla....
...cumstances, no longer open for discussion or consideration in subsequent proceedings in the case. Strazzulla v. Hendrick,
177 So.2d 1 (Fla. 1965). Accordingly, having responded to the certified questions found by us to be within the contemplation of section
25.031, Florida Statutes (1979), and Florida Rule of Appellate Procedure 9.510, we direct the Clerk of the Court to return the case file and transmit a true copy of this opinion to the United States Court of Appeals for the Fifth Circuit....
CopyCited 49 times | Published | Supreme Court of Florida
...HOPKINS, Individually and as Executrix of the Estate of GEORGE D. HOPKINS, Deceased, Appellant, versus LOCKHEED AIRCRAFT CORPORATION, Appellee. -------------- CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO § 25.031, FLORIDA STATUTES 1959, AND RULE 4.61, FLORIDA APPELLATE RULES....
...The said United States Court of Appeals for the Fifth Circuit therefore certifies such questions or propositions of the laws of the State of Florida to the Supreme Court of Florida for instructions concerning such questions or propositions of State law, pursuant to § 25.031, Florida Statutes 1959, and Rule 4.61, Florida Appellate Rules, as follows: (1) Style of the Case The style of the case in which this certificate is made is as follows: MARY S....
CopyCited 46 times | Published | Supreme Court of Florida
...Hewitt of Warwick, Campbell & Hewitt, Palm Beach, for appellees. SUNDBERG, Chief Justice. The former United States Court of Appeals for the Fifth Circuit certified to this Court the following question pursuant to article V, section 3(b)(6), Florida Constitution (1980), and section 25.031, Florida Statutes (1979), as involving an unsettled question of Florida law and as being determinative of this cause: Does Florida law, statutory or otherwise, preclude plaintiffs from proving the essential elements of their claim for...
CopyCited 42 times | Published | Supreme Court of Florida
...Jim Smith, Atty. Gen., Gary L. Conover, Asst. Atty. Gen., Tallahassee, for appellants. William J. Sheppard, Jacksonville, for appellees. *11 PER CURIAM: We have for resolution the following question certified from the Fifth Circuit Court of Appeals pursuant to section
25.031, Florida Statutes (1977), and Florida Rule of Appellate Procedure 9.510: WHETHER THE RULE PROPOSED BY THE SECRETARY OF THE FLORIDA DEPARTMENT OF OFFENDER REHABILITATION COMPLIES WITH THE REQUIREMENTS OF SECTION
951.23(2)(b), FLORIDA STATUTES....
CopyCited 38 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 453, 1992 Fla. LEXIS 1271, 1992 WL 163960
...Lexow,
937 F.2d 569 (11th Cir.1991), in which the United States Court of Appeals for the Eleventh Circuit certified a question of law which is determinative of the cause and for which there is no controlling precedent in this Court. We have jurisdiction under article V, section 3(b)(6) of the Florida Constitution. See also §
25.031, Fla....
CopyCited 36 times | Published | Supreme Court of Florida
...to equitable relief from the effect of the invalid restraint dictated by the grantor. I would advise the Circuit Court of Appeals that the decision and opinion of the United States District Judge Clyde Atkins were correct in all respects. NOTES [1] § 25.031, Fla....
CopyCited 33 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 396
...Wagner and Steve Zlatos, of Woodard, Weikart, Emhardt & Naughton, Indianapolis, Ind., for defendant-appellee. Donald M. Middlebrooks, Thomas R. Julin and Norman Davis, of Steel, Hector and Davis, Miami, for amicus curiae American Broadcasting Companies, Inc. GRIMES, Justice. Pursuant to section 25.031, Florida Statutes (1985), and Florida Rule of Appellate Procedure 9.150, the United States Court of Appeals for the Eleventh Circuit has certified to this Court the following question: For the purpose of applying Florida's limitation of actions "borrowing" statute, Fla....
CopyCited 29 times | Published | Supreme Court of Florida
...Walsh & Associates, Fort Lauderdale, for appellants. G. Morton Good of Smathers & Thompson, Miami, for appellees. OVERTON, Justice. The Court has before it for appropriate answer the following questions certified from the United States Court of Appeals, Fifth Circuit, pursuant to section 25.031, Florida Statutes (1977), and Florida Rule of Appellate Procedure 9.510: A....
CopyCited 28 times | Published | Supreme Court of Florida
...Va., for respondents. James E. Joanos, of Dye, Tucker & Joanos, Tallahassee, amicus curiae. ROBERTS, Justice. We here consider four questions of state law certified by the Supreme Court of the United States to this court for decision as authorized by Section 25.031 Florida Statutes, F.S.A., Florida Appellate Rule 4.61, 31 Florida Statutes, 31 F.S.A., and our decision in Sun Insurance Office, Limited v....
CopyCited 25 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 10835, 2010 WL 2105923
...f state law, certified by this
court, that are “determinative” of the appeal when “there are no clear controlling
12
precedents in the decisions of the Supreme Court of [Florida].” Fla. Stat. Ann. §
25.031(West 2009); see also Fla....
CopyCited 25 times | Published | Supreme Court of Florida | 27 U.C.C. Rep. Serv. (West) 242
...ircuit, concerning the set-off rights and defenses available to an obligor against the assignee of a non-negotiable certificate of deposit. Bornstein v. Citizens National Bank of Orlando,
564 F.2d 721 (5th Cir.1977). This proceeding is authorized by section
25.031, Florida Statutes (1977) and Fla.R.App.P....
CopyCited 21 times | Published | Supreme Court of Florida | 1968 A.M.C. 2653
...Gallagher and Macfarlane, Ferguson, Allison & Kelly, Tampa, for Gulf Florida Terminal Co. ROBERTS, Justice. This cause is before the court for determination of a question of law certified to us by the United States Court of Appeals for the Fifth Circuit pursuant to § 25.031, Fla....
CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 2485, 2009 WL 311301
...at 1245.
7
with questions of Florida law which are determinative of this case and for which
“there are no clear controlling precedents in the decisions of the Supreme Court of
[Florida],” we certify the issue to that court. See Fla. Stat. § 25.031; Fla....
CopyCited 18 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4687
...Venney of Gunn, Venney & Buhler, Miami, and Andrew J. Mirabito of Frates, Floyd, Pearson, Stewart, Richman & Greer, Miami, for appellees. SUNDBERG, Justice. This case is before us on certified question from the United States Court of Appeals for the Fifth Circuit, pursuant to Section 25.031, Florida Statutes (1975), and Florida Appellate Rule 4.61....
CopyCited 16 times | Published | Supreme Court of Florida | 80 L.R.R.M. (BNA) 2368
...rt, Middle District of Florida,
299 F. Supp. 834, has (in the continuing good relationship which is reflected by such certified questions on State issues) certified to us the following question of law based upon recited facts, pursuant to Fla. Stat. §
25.031 F.S.A., and Rule 4.61 F.A.R., 32 F.S.A.: Under the facts as stated was the Lee County Board of Public Instruction authorized by Fla....
CopyCited 15 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 546, 1989 Fla. LEXIS 1037, 1989 WL 128589
...Ice of Barwick, Dillian, Lambert & Angel, P.A., Miami Shores, for defendant-appellant. Philip M. Burlington of Edna L. Caruso, P.A., and Robert M. Montgomery, Jr. of Montgomery and Larmoyeux, West Palm Beach, for plaintiffs-appellees. GRIMES, Justice. Pursuant to section 25.031, Florida Statutes (1987), and Florida Rule of Appellate Procedure 9.150, the United States Court of Appeals for the Eleventh Circuit has certified to this Court certain questions concerning the Florida Wrongful Death Act....
CopyCited 15 times | Published | Supreme Court of Florida
...Rehearing Denied June 15, 1970. Errol S. Cornell of Cornell & Lanza, Miami, for appellant. Edward J. Atkins of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for appellees. CREWS, JOHN J., Circuit Judge. This case is presented on Certificate as authorized by Fla. Stat., §
25.031, F.S.A., and Rule 4.61, Fla.App.Rules 32, F.S.A., from the United States Court of Appeals for the Fifth Circuit, 1969,
409 F.2d 1059 (April 7, 1969), in an appeal from a decision of the trial court denying third party defendant's motion for...
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 24325, 2008 WL 5058563
...Florida law
9
provides that the Supreme Court of Florida may answer questions of state law,
certified by this Court, that are “determinative” of the appeal when “there are no
clear controlling precedents in the decisions of the Supreme Court of [Florida].”
Fla. Stat. § 25.031; Fla....
CopyCited 14 times | Published | Supreme Court of Florida
...Wiltshire, of Harrell, Caro, Middlebrooks & Wiltshire, Pensacola, for appellant. W. Spencer Mitchem of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellee. ADKINS, Justice. This case is presented on Certificate as authorized by Fla. Stat., § 25.031, F.S.A., and Rule 4.61, Fla.App....
CopyCited 11 times | Published | Supreme Court of Florida
...Paul of Paul, Landy & Beiley, Miami, for appellant. Edward J. Atkins and Richard J. Thornton of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for appellee. SUNDBERG, Justice. This case is before us on certified question from the United States Court of Appeals for the Fifth Circuit, pursuant to Section 25.031, Florida Statutes, and Rule 4.61, Florida Appellate Rules....
CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 10267
...This principle is subject to contrary agreement or special cir *438 cumstance, but Seaboard Surety has shown the existence of neither. Finally, Seaboard Surety has urged us to certify this question of law to the Supreme Court of Florida under Fla. Stat. 25.031 and Fla.R.App.P....
CopyCited 10 times | Published | Supreme Court of Florida | 1977 Fla. LEXIS 3907
...Finding the appeal to present issues of Florida constitutional law, as well as of statutory construction and application which are appropriate for our resolution, the Fifth Circuit certified to us four questions. A statement of facts and the questions are contained in the Fifth Circuit's Certificate, prepared pursuant to Section 25.031, Florida Statutes, and Rule 4.61, Florida Appellate Rules, as follows: "L.E....
CopyCited 9 times | Published | Supreme Court of Florida | 1989 WL 109505
...Hightower, Charles J. Kahn, Jr. and Robert M. Loehr of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for plaintiff-appellant. Glenn Waddell of Waddell & Ready, P.A., Auburndale, for defendants-appellees. GRIMES, Justice. Pursuant to section 25.031, Florida Statutes (1987), and Florida Rule of Appellate Procedure 9.150, the United States Court of Appeals for the Eleventh Circuit has certified to this Court a question involving an interpretation of the Florida Wrongful Death Act....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 13329, 2006 WL 1461114
...Because we find that dispositive questions regarding
both (1) Holman and Toomey’s release of IMC and (2) the assignability of a claim
for breach of fiduciary duty are unsettled under Florida law, we certify two
questions to the Supreme Court of Florida pursuant to Fla. Stat. § 25.031 3 and Fla.
R....
...questions or propositions of the laws of this state to the Supreme Court of this state for
instructions concerning such questions or propositions of state law, which certificate the
Supreme Court of this state, by written opinion, may answer.
Fla. Stat. § 25.031 (2002).
4
The rule provides:
On either its own motion or that of a party ....
CopyCited 9 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 455, 1993 Fla. LEXIS 1342, 1993 WL 322924
...Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, amicus curiae for the Academy of Florida Trial Lawyers. Sharon Lee Stedman of De Ciccio & Associates, P.A., Orlando, amicus curiae for the Florida Defense Lawyers Ass'n. GRIMES, Justice. Pursuant to section
25.031, Florida Statutes (1987), and Florida Rule of Appellate Procedure 9.150, the United States Court of Appeals for the Eleventh Circuit has certified to this Court a question concerning the interpretation of section
768.81(3), Florida Statutes (1989)....
CopyCited 8 times | Published | Supreme Court of Florida
...Thereafter, this Court in West v. Caterpillar Tractor Company, Inc.,
336 So.2d 80 (Fla. 1976), adopted the doctrine of strict liability. The West case came to us from the United States Court of Appeals for the Fifth Circuit on a certificate as authorized by Section
25.031, Florida Statutes, and Rule 4.61....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 556, 1988 WL 147
...The question remaining is whether compensatory damages must underlie a punitive damages award in a case in which the jury has made express findings against the defendant. CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO FLA.STAT. § 25.031 (1986) AND FLA.R.APP.P....
...me Court of the State of Florida. The United States Court of Appeals for the Eleventh Circuit therefore certifies the question or proposition of the law of the State of Florida to the Supreme Court of Florida for instructions, pursuant to Fla. Stat. § 25.031 (1986) and Fla.R.App.P....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
...“The issue is
not resolved merely by a determination that it has not yet arisen.” Id. But under
Florida law, we may certify a question on the law of the state if the case turns upon
it and there are no clear controlling Florida Supreme Court precedents. See Fla.
Const. art. V, § 3(b)(6); Fla. Stat. § 25.031 (2002).
The district court concluded that the Florida Supreme Court would not
recognize a cause of action for aiding and abetting fraudulent transfers, noting a
dearth of case law supporting such a claim....
CopyCited 5 times | Published | Supreme Court of Florida | 1961 Fla. LEXIS 2346
...Supreme Court of Florida. March 1, 1961. PER CURIAM. Pursuant to the power vested in this Court under Article V of the Florida Constitution, F.S.A. to adopt rules governing the practice and procedure in all courts of this State and in recognition of the provisions of Section 25.031, Florida Statutes 1959, F.S.A., the Florida Appellate Rules, 31 F.S.A....
CopyCited 5 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4529
...ale. The same discounts shall be offered to all vendors buying similar quantities. [9] Castlewood International Corp. v. Simon,
404 F. Supp. 88 (S.D.Fla. 1975). [10] This rule now appears as Florida Rule of Appellate Procedure 9.510 (1977). See also §
25.031, Fla....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 23658
...lling precedent in the Florida courts. We therefore certify the following facts and issues for decision by the Florida Supreme Court. CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS TO THE SUPREME COURT OF FLORIDA, PURSUANT TO FLORIDA STATUTES § 25.031....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 1990 Bankr. LEXIS 744
...[6] The Court notes that, in the event this decision is ultimately appealed to the U.S. Court of Appeals for the Eleventh Circuit, that court, if it so desires, may certify to the Florida Supreme Court the question of the validity of §
222.14 under the Florida Constitution. Fla. Const. art. V, § 3(b)(6); §
25.031, Florida Statutes; Rules 9.030 and 9.150, Florida Rules of Appellate Procedure....
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 32259
COURT OF FLORIDA PURSUANT TO FLORIDA STATUTES § 25.-031. TO THE SUPREME COURT OF FLORIDA AND THE
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 1992 U.S. App. LEXIS 15961, 1992 WL 145531
FAY, Circuit Judge: CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO ARTICLE 5, SECTION 3(b)(6) OF THE FLORIDA CONSTITUTION, FLORIDA STATUTES § 25.031, AND RULE 9.150, FLORIDA RULES OF APPELLATE PROCEDURE....
CopyCited 4 times | Published | District Court, S.D. Florida | 1977 U.S. Dist. LEXIS 12342
...lower court's prediction of Florida's position as to the state law issue involved. The Supreme Court vacated that decision because it firmly believed that the appellate court should have utilized Florida's special certification procedure, 1A F.S.A. § 25.031....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 29814
TO THE SUPREME COURT OF FLORIDA, PURSUANT TO SECTION
25.031, FLORIDA STATUTES, AND RULE 9.150, FLORIDA
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
Fla. Const. art. V, § 3 (6); Fla. Stat. §
25.031 . First, it is a "question[ ] of law," Rule
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2003 WL 22053825
TO THE SUPREME COURT OF FLORIDA PURSUANT TO SECTION
25.031 OF THE FLORIDA STATUTES AND RULE 9.150 OF THE
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...(September 4, 2003)
Before ANDERSON and BIRCH, Circuit Judges, and PROPST*, District Judge.
PER CURIAM:
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR
THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA
PURSUANT TO SECTION 25.031 OF THE FLORIDA STATUTES AND RULE
9.150 OF THE FLORIDA RULES OF APPELLATE PROCEDURE.
TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE
JUSTICES.
Indemnity Insurance Company of North America ("Indemnity") and Profile
Aviati...
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...ion
of Florida law.
Accordingly we certify the following question to the Supreme Court of Florida:
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO SECTION 25.031,
FLORIDA STATUTES, AND RULE 9.150, FLORIDA RULES OF APPELLATE PROCEDURE.
TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE JUSTICES:
The United States Court of Appeals for the Eleventh Circuit concludes that t...
CopyCited 1 times | Published | Supreme Court of Florida | 1996 WL 350166
...Pervis & Associates, P.A., Sarasota, Florida; and John P. Graves, Jr. of the Law Offices of John P. Graves, Jr., Chartered, Sarasota, for Appellants. Richard R. Garland of Dickinson & Gibbons, P.A., Sarasota, for Appellees. GRIMES, Justice. Pursuant to section 25.031, Florida Statutes (1995), and Florida Rule of Appellate Procedure 9.150, the United States Court of Appeals for the Eleventh Circuit has certified to this Court certain questions concerning application of Florida's former statute of repose....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 1805, 2002 WL 185468
...for this insurance policy language interpretation issue, we certify both questions to
the Supreme Court of Florida.
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF
FLORIDA, PURSUANT TO SECTION 25.031, FLORIDA STATUTES,
AND RULE 9.150, FLORIDA RULES OF APPELLATE PROCEDURE.
TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE
JUSTICES:
I....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1999 U.S. App. LEXIS 6971
...an unsettled question of Florida law.
Accordingly, we certify the following question to the Supreme Court of Florida:
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO SECTION 25.031, FLORIDA
STATUTES, AND RULE 9.150, FLORIDA RULES OF APPELLATE PROCEDURE.
TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE JUSTICES:
This panel of the United States Court of Appeals for the Eleventh Circuit concludes...
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...unsettled question of
Florida law.
Accordingly, we certify the following question to the Supreme Court of Florida:
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT
TO SECTION 25.031, FLORIDA STATUTES, AND RULE 9.150, FLORIDA RULES OF
APPELLATE PROCEDURE.
TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE JUSTICES:
This panel of the United States Court of Appeals for the Eleventh Circuit concludes that
thi...
CopyPublished | Court of Appeals for the Eleventh Circuit
...an unsettled question of Florida law.
Accordingly we certify the following question to the Supreme Court of Florida:
CERTIFICATION FROM THE UNITED STATES COURT OF
APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME
COURT OF FLORIDA, PURSUANT TO SECTION 25.031, FLORIDA
STATUTES, AND RULE 9.150, FLORIDA RULES OF APPELLATE
PROCEDURE.
TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE
JUSTICES:
The United States Court of Appeals for the Eleventh Circuit concludes that...
CopyPublished | Court of Appeals for the Eleventh Circuit
Const. art. V, § 3(b)(6)); see also Fla. Stat. §
25.031; Fla. R. App. P. 9.150. Accordingly, we
CopyPublished | Court of Appeals for the Eleventh Circuit
...88-10172-MMP); Maurice M. Paul, Judge.
Before EDMONDSON and DUBINA, Circuit Judges, and LOGAN*, Senior
Circuit Judge.
PER CURIAM:
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE
ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO
SECTION 25.031, FLORIDA STATUTES, AND RULE 9.150, FLORIDA RULES OF
APPELLATE PROCEDURE.
TO THE SUPREME COURT OF FLORIDA, AND THE HONORABLE JUSTICES
THEREOF:
It appears to the United States Court of Appeals for the
Eleventh Circuit that the...
CopyPublished | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 593, 1994 Fla. LEXIS 1813
policy or contract or otherwise. . See also §
25.031, Fla.Stat. (1993); Fla. R.App.P. 9.150. . Fla
CopyPublished | Court of Appeals for the Eleventh Circuit | 2008 WL 4489262
...Certification from the United States Court of Appeals for the Eleventh
*
Honorable Eugene E. Siler, United States Circuit Judge for the Sixth Circuit, sitting by
designation.
Circuit to the Supreme Court of Florida, pursuant to Fla. Stat. § 25.031 1 and Fla....
...Because we find that
these are unsettled questions of distinct importance to the development of Florida
tort law and dispositive of the case at hand, we certify the issues to the Florida
Supreme Court.
BACKGROUND
1
Fla. Stat. § 25.031 states:
The Supreme Court of this state may, by rule of court, provide that, when it shall
appear to ....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
from our federal courts. See Fla. Stat. §
25.031; see also Clay v. Sun Ins. Off. Ltd., 363 U.S
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
from our federal courts. See Fla. Stat. §
25.031; see also Clay v. Sun Ins. Off. Ltd., 363 U.S
CopyPublished | Court of Appeals for the Eleventh Circuit
3(b)(6) of the Florida Constitution: See also §
25.031, Fla.Stat. (1993); Fla. R.App.P. 9.150. Did Fla
CopyPublished | Court of Appeals for the Eleventh Circuit
COURT OF FLORIDA PURSUANT TO FLORIDA STATUTES §
25.031 TO THE SUPREME COURT OF FLORIDA AND THE HONORABLE
CopyPublished | Court of Appeals for the Eleventh Circuit
art. V, § 3(b)(6)); see also Fla. Stat. §
25.031; Fla. R. App. P. 9.150. This case raises such
CopyPublished | Court of Appeals for the Eleventh Circuit
art. V, § 3(b)(6)); see also Fla. Stat. §
25.031; Fla. R. App. P. 9.150. This case raises such
CopyPublished | Court of Appeals for the Eleventh Circuit
OF THE FLORIDA CONSTITUTION, FLORIDA STATUTES §
25.031, AND RULE 9.150, FLORIDA RULES OF APPELLATE PROCEDURE
CopyPublished | Court of Appeals for the Eleventh Circuit
OF THE FLORIDA CONSTITUTION, FLORIDA STATUTES §
25.031, AND RULE *8489.150, FLORIDA RULES OF APPELLATE
CopyPublished | Court of Appeals for the Eleventh Circuit | 1999 WL 49405
...claims, so if the Supreme Court of Florida directs us to apply Delaware law, we may
need to certify that question to the Supreme Court of Delaware.
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR
THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA,
PURSUANT TO SECTION 25.031, FLORIDA STATUTES, AND RULE 9.150,
FLORIDA RULES OF APPELLATE PROCEDURE.
TO THE SUPREME COURT OF FLORIDA AND THE HONORABLE
JUSTICES THEREOF:
The United States Court of Appeals for the Eleventh Circuit concludes that
these...
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 23, 2024
art. V, § 3(b)(6); see also Fla. Stat. §
25.031. And Florida Rule of Appellate Procedure 9.150
CopyPublished | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 22398
for Appellees. GRIMES, Justice. Pursuant to section
25.031, Florida Statutes (1995), and Florida Rule
CopyPublished | Court of Appeals for the Eleventh Circuit
...Pervis & Associates, P.A., Sarasota, Florida; and John P. Graves, Jr. of the Law Offices of John P. Graves, Jr., Chartered, Sarasota, for Appellants. 13 Richard R. Garland of Dickinson & Gibbons, P.A., Sarasota, for Appellees. 14 GRIMES, Justice. 15 Pursuant to section 25.031, Florida Statutes (1995), and Florida Rule of Appellate Procedure 9.150, the United States Court of Appeals for the Eleventh Circuit has certified to this Court certain questions concerning application of Florida's former statute of repose....
CopyPublished | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 10206, 1989 WL 99085
...on it here. [6] Failure to specify a "fairly subject avoiding construction" may defeat abstention. See, e.g., Nasser v. City of Homewood,
671 F.2d 432 (11th Cir.1982). [7] The Eleventh Circuit Court of Appeals can certify a question, however. F.S.A. §
25.031, Fla.App.P.R....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 5, 2025
art. V, § 3(b)(6); see also FLA. STAT. §
25.031. Florida Rule of Appellate Procedure 9.150 “establishes
CopyPublished | Court of Appeals for the Eleventh Circuit | 32 Envtl. L. Rep. (Envtl. Law Inst.) 20640, 2002 U.S. App. LEXIS 7624, 2002 WL 729039
...what is in essence the same action.” Id.
We find it difficult to reconcile the conflicting language in Morris and
Brady. Because this case presents an important question of Florida law that has
not been directly addressed by the Florida Supreme Court, we certify, pursuant to
section
25.031 of the Florida Statutes and Rule 9.150 of the Florida Rules of
Appellate Procedure, the following question of law to the Florida Supreme Court:
UNDER SECTION
627.428 OF THE FLORIDA STATUTES, IS AN
INSURED E...
CopyPublished | Court of Appeals for the Eleventh Circuit
...) because the district
court's dismissal was with prejudice.
3
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO SECTION 25.031, FLORIDA
STATUTES, AND RULE 9.150, FLORIDA RULES OF APPELLATE PROCEDURE.
TO THE SUPREME COURT OF FLORIDA AND THE HONORABLE JUSTICES THEREOF:
The United States Court of Appeals for the Eleventh Circuit concludes that t...
CopyPublished | Court of Appeals for the Eleventh Circuit
...pursuant to Federal Rule of Civil Procedure 15(a)
because the district court’s dismissal was with prejudice.
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE
ELEVENTH CIRCUIT TO THE SUPREME COURT OF FLORIDA, PURSUANT TO
SECTION 25.031, FLORIDA STATUTES, AND RULE 9.150, FLORIDA RULES OF
APPELLATE PROCEDURE.
TO THE SUPREME COURT OF FLORIDA AND THE HONORABLE
JUSTICES THEREOF:
The United States Court of Appeals for the Eleventh...
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 7, 2023
certification under Florida law. See Fla. Stat. §
25.031; Fla. R. App. P. 9.150(a). The Lodge’s argument