Bogle v. Perkins

ROBERTS, Justice.

This cause brought for review by appeal a decision of the trial court which had entered summary judgment against appellant in a suit for specific performance. The Court was in doubt as to whether the trial judge had passed on the validity of a statute or construed a controlling provision of the Constitution so, under the authority of State v. Bruno, 104 So.2d 588 (Fla.1958); Merrill v. City of Miami, 203 So.2d 611 (Fla.1967); and State v. Kahler, 224 So.2d 272 (Fla.1969), the cause was remanded temporarily to the trial court for the purpose of enabling that court to enter an…