CLARK MERRILL, APPELLANT,
v.
CITY OF MIAMI, APPELLEE
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The court held that it could not determine jurisdiction without a clearer statement from the trial court regarding the basis of its decree.
Appellant challenged the validity of a statute and city ordinance. The trial court denied an injunction, but it was unclear whether this was based on …
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Appellant Merrill, by direct appeal brings for review a final decree denying an injunction against enforcement of Chapter 10847, Laws of Florida, 1925, and City of Miami Ordinance No. 6945.
From an examination of the final decree we are unable to determine whether the Chancellor passed directly on the validity of Chapter 10847, supra, although admittedly, the appellant, who was plaintiff below, assaulted the validity of this statute by his complaint.
By the final decree' the Chancellor appeared to recognize the statute. However, without expressing a direct opinion as to its validity, he held that plaintiff was estopped to question it. In order to determine our jurisdiction under Article V, Section 4, Florida Constitution, F.S.A., we must know whether the Chancellor disposed of the cause on the basis of the validity of the statute or because of his finding of an estoppel. If the latter, this appeal must be transferred to the District Court of Appeal.
We, therefore, temporarily relinquish control of this cause to the trial court to enable the Chancellor to enter an appropriate order more specifically stating the'basis for his decree. Upon the entry of such order, a certified copy thereof, together with the instant record, shall be returned to this Court for appropriate disposition. See, State v. Bruno, 104 So.2d 588 (Fla.1958).
We retained jurisdiction of the related case of City of Miami v. Sterbenz, Fla., 203 So.2d 4, opinion filed October 11, 1967. There the Chancellor expressly passed directly on the validity of the subject statute. In returning the instant case to the trial court, we refer the Chancellor to our opinion in Sterbenz, supra.
It is so ordered.
CALDWELL, C. J., and THOMAS, ROBERTS, THORNAL and ERVIN, JJ., concur.
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Greene v. State, 233 So. 2d 387 (Fla. 1970)…order specifically stating the grounds for denying bail pending appeal. Upon entry of such order, a certified copy thereof, together with the instant record, shall be returned to this Court for appropriate disposition. See Merrill v. City of Miami, 203 So. 2d 611 (Fla. 1967), and State v. Bruno, 104 So. 2d 588 (Fla.1958). It is so ordered. ERVIN, C. J., and DREW, CARLTON, ADKINS and BOYD, JJ., concur.…
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Bogle v. Marcley Healy Perkins, 240 So. 2d 801 (Fla. 1970)…ce. The Court was in doubt as to whether the trial judge had passed on the validity of a statute or construed a controlling provision of the Constitution so, under the authority of State v. Bruno, 104 So. 2d 588 (Fla.1958); Merrill v. City of Miami, 203 So. 2d 611 (Fla.1967); and State v. Kahler, 224 So. 2d 272 (Fla.1969), the cause was remanded temporarily to the trial court for the purpose of enabling that court to enter an order advising this Court specifically whether it had passed on the validity of Flor…
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Ward v. State, 274 So. 2d 895 (Fla. 3d DCA 1973)…ail pending appeal. Upon entry of such order, a certified copy thereof, together with the instant record, shall be returned to this Court for appropriate disposition. See: State v. Bruno, Fla.1958, 104 So. 2d 588; Merrill v. City of Miami, Fla.1967, 203 So. 2d 611; Greene v. State, Fla.1970, 233 So. 2d 387. It is so ordered.…
Authorities Cited
- State v. Bruno, 104 So. 2d 588 (Fla. 1958)
- City OF Miami v. Sterbenz, 203 So. 2d 4 (Fla. 1967)