CopyCited 34 times | Published | Florida 2nd District Court of Appeal | 1997 WL 208049
...We do not interpret Heggs as giving this court that degree of discretion in a certiorari proceeding. Such an interpretation would invite certiorari review of a large number of the appellate decisions issued by circuit courts. To the extent that existing law contains a solution to this problem, it exists in section 34.017(1), Florida Statutes (1995)....
...In the district court context, however, the questions are presented in published opinions that serve as statewide precedent. In the county court context, the questions are presented in unpublished orders encouraging the district courts to create precedent. Thus, the concept of a question of great public importance in section 34.017 is somewhat broader than in the constitution....
CopyCited 26 times | Published | Supreme Court of Florida | 2001 WL 1380001
...In fact, the majority and concurring opinions interpret the no-fault statutes in a manner that simply provides a thirty-day grace period for payment of benefits that even other forms of health and disability insurance are not afforded. QUINCE, J., concurs. NOTES [1] See generally § 34.017(1), Fla....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 17220, 2005 WL 2863041
...Accordingly, we answer the rephrased certified question in the affirmative. This Case Having obtained jurisdiction over this case by virtue of the certified question, we have jurisdiction to consider all appealable issues raised by the final judgment. § 34.017(4)(a), Fla....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 7184, 2011 WL 1878148
...GROSS, C.J. Kingsway Amigo Insurance Company appeals a final summary judgment entered in favor of Ocean Health, Inc., by a county court in Broward County. The county court certified the following question as an issue of great public importance pursuant to section 34.017, Florida Statutes (2010): MAY A PIP INSURER NEVERTHELESS ELECT TO USE THE MEDICARE PART B FEE SCHEDULES SET FORTH IN FLA....
CopyCited 12 times | Published | Florida 4th District Court of Appeal
...It would be inappropriate for us “to
announce a ‘miscarriage of justice’ simply to provide precedent where
precedent is needed.” Stilson,
692 So. 2d at 983.
To the extent that existing law provides a way for us to review county
court decisions, it exists in section
34.017, Florida Statutes (2017), and
Florida Rule of Appellate Procedure 9.160....
...The statute and rule permit
the county court to certify questions that have “statewide application” and
are of “great public importance” or “[w]ill affect the uniform administration
-6-
of justice.” § 34.017(1)(a) & (b), Fla. Stat (2017). As Judge Altenbernd has
written:
[Section 34.017] is similar to the constitutional provision
allowing district courts to invoke the supreme court’s
jurisdiction by certifying a question of great public
importance....
...opinions that serve as statewide precedent. In the county
court context, the questions are presented in unpublished
orders encouraging the district courts to create precedent.
Thus, the concept of a question of great public importance in
section 34.017 is somewhat broader than in the constitution.
County court judges should understand that this provision
can be used to create precedent needed for the orderly
administration of justice in their courts....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1989 WL 114466
...Public Defender, for appellee. Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ. SCHWARTZ, Chief Judge. Based on the following order, which ably and comprehensively discusses and resolves the question involved, the Dade County Court has certified to us, under section 34.017, Florida Statutes (1987) and Fla.R.App.P....
CopyCited 1 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 239, 2017 WL 823613, 2017 Fla. LEXIS 448
...The National Rifle Association of America ("NRA”) filed an amicus curiae brief on behalf of Norman. Everytown for Gun Safety filed an amicus curiae brief and attached an appendix of historical gun laws on behalf of the State. . Norman,
159 So.3d at 209 . Section
34.017(1), Florida Statutes (2012), permits a county court to certify questions of great pub-lie importance to the district court of appeal in a final judgment if the question “may have .statewide application.” ....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 1414694, 2012 Fla. App. LEXIS 6387
...t and fee schedules, or was the insurer obligated to reimburse the amount claimed by the MRI provider to be “reasonable” without reference to the amendment and schedules? The county court found for the appellee, but certified to this court under section 34.017, Florida Statutes (2011), the following question: MAY AN INSURER LIMIT PROVIDER REIMBURSEMENT TO 80% OF THE SCHEDULE OF MAXIMUM CHARGES DESCRIBED IN F.S....
CopyPublished | Supreme Court of Florida
... jurisdiction must be invoked by filing the notice with “any filing fees
prescribed by law, with the clerk of the lower tribunal,” because, as
clarified in rule 9.040, filing fee defects are not jurisdictional.
Subdivision (b)(4) of rule 9.030 is amended to conform with
section 34.017(1), Florida Statutes, to clarify that district courts of
appeal, in their discretion, may review by appeal final county court
orders, otherwise appealable to the circuit court, when the county
court certifies that the order may invo...
...All other matters
pertaining to the appeal shallwill be governed by the rules that
would be applicable if the appeal had been taken to circuit court.
Committee Notes
1984 Amendment-1992 Amendment. [No changes]
2020 Note. [No changes]
2023 Amendment. The language in section
34.017(1), Florida
Statutes (1984), referred to as section 34.195, Florida Statutes, in
the 1984 Committee Note and characterized as surplusage, was
retained by the 2020 Legislature when it amended section
34.017,
Florida Statutes (2020), and repealed sections
26.012(1)(c) and
924.08, Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 16012
...nation.
The City of Oldsmar (the City) and the Attorney General challenge the
county court's order granting Tammy Vo Trinh's motion to dismiss a red light camera
citation and certifying two questions of great public importance under section 34.017,
Florida Statutes (2015), and Florida Rule of Appellate Procedure 9.160.2 Both the City
and the Attorney General argue that the trial court erred in relying on the Fourth
District's decision in City of Hollywood v....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 16790, 2014 WL 5149159
...ace.
The City of Hollywood (the “City”) appeals an order granting Defendant
Eric Arem’s motion to dismiss a red light camera prosecution against him.
The county court certified the following questions of great public
importance pursuant to section 34.017, Florida Statutes (2011), and
Florida Rule of Appellate Procedure 9.160(d):
1....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 8188, 2015 WL 2458128
...Co.,
692 So.2d 979, 982-83 (Fla. 2d DCA 1997))). In denying certiorari relief, we recognize that there is a great temptation in cases like this one to provide precedent where precedent is needed. However, the solu *72 tion to the problem exists in section
34.017(1), Florida Statutes (2014); 5 not through a second-tier certiorari proceeding....
...steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown. §
316.075(l)(c)l„ Fla. Stat. (2012). . Section
34.017(1) allows county courts to certify a question to the district court of appeal if the question "may have statewide application” and "[i]s of great public importance” or ”[w]ill affect the uniform administration of justice." §
34.017(1), Fla....
CopyPublished | District Court of Appeal of Florida | 2016 Fla. App. LEXIS 11373
...ent officer who affirmatively authorizes the transmission process by selecting the “accept” button? *165 The City and the Attorney General appealed. We accepted the questions for review and therefore have jurisdiction. Art. V, § 6, Fla. Const.; § 34.017(1) & (2), Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 492, 1988 Fla. App. LEXIS 618, 1988 WL 11347
...has defined “chemical test” as “chemical or physical test”. At the outset we acknowledge that our review of the question presented is greatly facilitated by the trial judge’s thoroughness in articulating his findings of fact, conclusions of law, and a concise statement of the issue certified. See § 34.017(3), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...importance under Florida Rule of Appellate Procedure 9.160(b). Effective
January 1, 2021, statutory amendments modified the jurisdiction of circuit
courts under section
26.012, Florida Statutes, and amended certification of
questions to district courts of appeal under section
34.017, Florida Statutes.
As a result of these legislative enactments, we exercise jurisdiction over the
instant case as a plenary appeal of the summary judgment....
CopyPublished | Supreme Court of Florida
(b)(4) of rule 9.030 is amended to conform with section
34.017(1), Florida Statutes, to clarify that district
