Evelyn G. Dewitt and Mabel M. Dewitt v. Estelle R. Duce

This diversity appeal presents a question of Florida law which the Supreme Court of Florida should appropriately decide. We therefore stay disposition of the appeal pending certification of the issue to the Florida Supreme Court pursuant to Fla.Stat.Ann. § 25.031 and Rule 9.150, Florida Rules of Appellate Procedure. The usual practice is to request the parties to submit a proposed statement of facts and proposed agreed certificate of the question for decision. Because the facts are uncontested and the question to be certified is a narrow one, however, the Court has drafted the statement of…