Miller v. Toles

ON MOTION TO ADOPT BRIEFS AND TO CERTIFY QUESTION

The appellant has filed a motion seeking this court’s permission to adopt the briefs filed in another case involving the same legal issue raised herein and further requesting that we immediately certify the issue involved to the Florida Supreme Court as one of great public importance. Because the appellee concedes most of the allegations contained in the appellant’s motion and the record supports a conclusion that this case is controlled by our recent decision in State v. Sylvester, 401 So.2d 1123 (Fla. 4th DCA 1981), we have elected to treat…