DANIEL W. CZIRAKY, BY ERNEST CZIRAKY, HIS FATHER AND NEXT FRIEND, PLAINTIFFS,
v.
THE SCHOOL BOARD OF PALM BEACH COUNTY, INC., DEFENDANT

Fla. 4th DCA | 1974-05-24
No. 74-50
WALDEN and MAGER, JJ., and MOORE, JOHN H., II, Associate Judge, concur.
294 So. 2d 707 Florida District Court of Appeal, Fourth District (1974)

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Synopsis

The court declared Florida Statute 818.01 repealed by Florida Statute 679.311 and found that plaintiffs failed to state a cause of action for malicious prosecution.


Holding

Florida Statute 818.01 was repealed by the enactment of Florida Statute 679.311, and the plaintiffs did not establish a cause of action for malicious prosecution.


Facts & Procedural History

Plaintiffs sought a declaration that Florida Statute 818.01 was repealed by Florida Statute 679.311 and damages for malicious prosecution, alleging th…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon review of the certificate forwarded to us pursuant to Rule 4.6, Florida Appellate Rules, 32 F.S.A. and examination of the applicable authorities, we are of the opinion that the question certified to this court does not fall within Rule 4.6 and accordingly we must respectfully decline to answer the question. Reaves v. L. W. Rozzo, Inc., Fla.App.1973, 286 So. 2d 221. See also Miller v. Esca Rosa Development Corporation, Fla.App.1973, 284 So. 2d 227; cf. Arnold v. Shumpert, Fla.1968, 217 So. 2d 116; Adams v. Game and Fresh Water Fish Commission, Fla.App.1974, 288 So. 2d 263.

Certified question denied.

WALDEN and MAGER, JJ., and MOORE, JOHN H., II, Associate Judge, concur.


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