O'Grady v. Kortie

District Court of Appeal of Florida

O'Grady v. Kortie

338 So. 2d 1306, 1976 Fla. App. LEXIS 15857

CourtDistrict Court of Appeal of Florida

DecidedNovember 3, 1976

DocketNo. DD-28

StatusPublished

Cited by1 cases

This text of 338 So. 2d 1306 (O'Grady v. Kortie) 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.

Bluebook

O'Grady v. Kortie, 338 So. 2d 1306, 1976 Fla. App. LEXIS 15857 (Fla. Ct. App. 1976).

Pincite

Opinion

PER CURIAM.

Pursuant to Florida Appellate Rule 4.6, the trial court has certified to this court the question as to elements of damages, if any, that can be claimed on behalf of a minor child and the estate by a surviving spouse and the administratrix in a wrongful death action arising from an incident that occurred on March 29, 1972. A second question certified relates to the applicability of comparative negligence.

Plaintiffs failed to file a brief within 15 days after the instant certificate was filed, as contemplated by Fla.App.Rule 4.6(f). Defendants have filed an extensive brief citing nine Florida appellate decisions which they contend answer the foregoing questions. Thus, there appears to be controlling precedent in this state upon which a decision of the trial court could be based. The trial court, under Article V, Section 6, Florida Constitution, has the power to adjudicate the questions, the answers to which may be reviewed on appeal, if desired. Chapman v. Slaff, 101 So.2d 413 (1 Fla.App. 1958).

In the exercise of its discretion, this court respectfully declines to answer the questions as certified. Pridgeon v. Folsom, 174 So.2d 619 (1 Fla.App.1965).

RAWLS, Acting C. J., and MILLS and SMITH, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Pursuant to Florida Appellate Rule 4.6, the trial court has certified to this court the question as to elements of damages, if any, that can be claimed on behalf of a minor child and the estate by a surviving spouse and the administratrix in a wrongful death action arising from an incident that occurred on March 29, 1972. A second question certified relates to the applicability of comparative negligence.

Plaintiffs failed to file a brief within 15 days after the instant certificate was filed, as contemplated by Fla.App.Rule 4.6(f). Defendants have filed an extensive brief citing nine Florida appellate decisions which they contend answer the foregoing questions. Thus, there appears to be controlling precedent in this state upon which a decision of the trial court could be based. The trial court, under Article V, Section 6, Florida Constitution, has the power to adjudicate the questions, the answers to which may be reviewed on appeal, if desired. Chapman v. Slaff, 101 So.2d 413 (1 Fla.App. 1958).

In the exercise of its discretion, this court respectfully declines to answer the questions as certified. Pridgeon v. Folsom, 174 So.2d 619 (1 Fla.App.1965).

RAWLS, Acting C. J., and MILLS and SMITH, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

338 So. 2d 1306, 1976 Fla. App. LEXIS 15857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogrady-v-kortie-fladistctapp-1976.

Opinion

Related

Cite This Page — Counsel Stack