Legal Opinion · Concurrence

Wallace v. Cochran

District Court of Appeal of Florida

Decided August 30, 1977No. 77-692Published

1ConcurrenceHubbart, Judge

I concur in the court’s disposition of this case solely on the ground that the certified questions presented involve in part a construction of the due process and equal protection clauses of the state and federal constitutions. As such, only the Supreme Court of Florida has the jurisdiction to answer the certified questions.

The law is clear that a question certified by a trial court under Fla.App. Rule 4.6(a) must be addressed to the appellate court which would have jurisdiction to review the case on direct appeal if the trial court decided the question. Jaworski v. City of Opa Locka, 149…

2Cases cited4 opinions

  1. Robinson v. StateSupreme Court of Florida · 1961
  2. Jaworski v. City of Opa-LockaSupreme Court of Florida · 1963
  3. City of Orlando v. CameronSupreme Court of Florida · 1972
  4. McGuckin v. Dade CountyDistrict Court of Appeal of Florida · 1960

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