State, Department of Health & Rehabilitative Services v. Neckman

The Honorable Sam I. Silver, Judge of the Circuit Court in and for the Eleventh Judicial Circuit, Dade County, Florida, has certified a question to this court, as provided under Rule 4.6, Florida Appellate Rules.

In support of the certification, the trial court stated the following facts :

On January 4, 1975, a State agency filed a declaratory judgment action against the lessor, William Neckman, Trustee, seeking to declare certain leases between the parties invalid. On February 5, 1975, in a separate mortgage foreclosure action involving the subject property herein, the trial court therein…