WALTER LEE ALLS, A MINOR, BY HIS FATHER AND NEXT FRIEND, MONROE ALLS, AND MONROE ALLS, INDIVIDUALLY, PLAINTIFFS,
v.
7-ELEVEN FOOD STORES, INC., AND CRYSTAL SPRINGS WATER COMPANY, A DIVISION OF BORDEN, INC., DEFENDANTS
Explore caselaw by topic → Browse Certified Question Of Law cases and more on FLexlaw
PER CURIAM.
A judge of the circuit court for the Eleventh Judicial Circuit of Florida has certified a question of law to this court pursuant to Fla.App. Rule 4.6, to wit:
“Whether a defendant against whom a default judgment has been entered may assert non-liability by means of a liability defense which has been the basis of the entry of a summary judgment in favor of a separate defendant, not in default, and when the defense is the total negligence of the plaintiff as the sole proximate cause of the accident?”
In common with many legal issues, the question as certified is a difficult one but not without controlling precedent in this state. Where there is such controlling precedent, this court lacks jurisdiction to entertain the certified question and must respectfully decline to answer it. See: Schwob Co. of Florida v. Florida Industrial Commission, 152 Fla. 203, 11 So. 2d 782, 783 (1942); State v. Vernon, 289 So. 2d 754 (Fla. 2d DCA 1974); Reaves v. L. W. Rozzo, Inc., 286 So. 2d 221 (Fla. 4th DCA 1973).
Certified question denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Martinez v. State, 360 So. 2d 108 (Fla. 3d DCA 1978)…he crime of unlawful possession of a firearm while engaged in a felony is affirmed. The provision in the sentence imposed as to both of the above crimes relating to “hard labor” is hereby stricken as unauthorized under Florida law. Jabbour v. State, 353 So. 2d 202 (Fla. 3d DCA 1977); McDonald v. State, 321 So. 2d 453 (Fla. 4th DCA 1975). Affirmed in part; reversed in part.…
-
Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981)…that appellant is entitled to credit for the time he was confined there. Appellant contends, and the state agrees, that there is no longer any provision in Florida law for a sentence to be “at hard labor.” We, likewise, agree. See Jabbour v. State, 353 So. 2d 202 (Fla.3d DCA 1977). We have considered appellant’s other point on appeal and find it to be without merit. We remand with directions that the trial court give appellant credit on his sentence as above specified and that the words “at hard labor” be…
Authorities Cited
- Schwob Co. of Fla. v. Fla. Indus. Comm'n, 152 Fla. 203 (Fla. 1942)
- Reaves v. L. W. Rozzo, Inc., 286 So. 2d 221 (Fla. 4th DCA 1973)
- State v. Malichi Ronald Vernon and William Bradford Tenney, 289 So. 2d 754 (Fla. 2d DCA 1974)