Moeller v. Doe

District Court of Appeal of Florida

Moeller v. Doe

309 So. 2d 611, 1975 Fla. App. LEXIS 14446

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 1975

DocketNo. X-98

StatusPublished

Cited by1 cases

This text of 309 So. 2d 611 (Moeller v. Doe) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Moeller v. Doe, 309 So. 2d 611, 1975 Fla. App. LEXIS 14446 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

An examination of the record in the cause and a consideration of the briefs and oral arguments of counsel reveals that an answer to the questions certified to us under Rule 4.6, Florida Appellate Rules, would not necessarily be dispositive of this case. The answer would be determinative of the case only if answered in a particular way. We, therefore, decline to answer the questions. See In Re Taylor, Fla.App.2d, 166 So.2d 476, and cases therein cited. This ruling is without prejudice to either party to seek common law certiorari or appeal, whichever may be appropriate, after the Circuit Court has exercised its jurisdiction to rule upon the questions upon appropriate pleadings.

RAWLS, C. J., and McCORD and BOYER, JJ., concur.

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PER CURIAM.

An examination of the record in the cause and a consideration of the briefs and oral arguments of counsel reveals that an answer to the questions certified to us under Rule 4.6, Florida Appellate Rules, would not necessarily be dispositive of this case. The answer would be determinative of the case only if answered in a particular way. We, therefore, decline to answer the questions. See In Re Taylor, Fla.App.2d, 166 So.2d 476, and cases therein cited. This ruling is without prejudice to either party to seek common law certiorari or appeal, whichever may be appropriate, after the Circuit Court has exercised its jurisdiction to rule upon the questions upon appropriate pleadings.

RAWLS, C. J., and McCORD and BOYER, JJ., concur.

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309 So. 2d 611, 1975 Fla. App. LEXIS 14446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moeller-v-doe-fladistctapp-1975.

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