Ideal Rock Products Co. v. Henry's Drive-In of Florida, Inc.

The following question has been certified 1 to this Court by the Circuit Court of the Eleventh Judicial Circuit:

“Following the transfer of a cause under Rule 1.39(b) of the Florida Rules of Civil Procedure [30 F.S.A.], from the Civil Court of Record to the Circuit Court, pursuant to mandate, can the Circuit Court, in ruling on a motion for summary judgment, consider documentary evidence, depositions and transcript of trial, properly placed in the record prior to the exceeding of the jurisdiction of the Civil Court of Record where such record has been transmitted with a certified copy of the…