Eusebio M. Martinez, Father of Jacqueline M. Martinez, a Minor, Deceased v. Jose Rodriquez and Antonio Rodriquez, D/B/A Ingram Court Apartments

JOHN R. BROWN, Chief Judge:

The main issue presented in this case is whether a father who sues under Florida Stat. 768.03, F.S.A. to recover damages for the death of his minor daughter is completely barred from recovery by the contributory negligence of the child’s mother in which he did not, and could not participate, since the father was out of the country at the time of the accident and had never even seen his child.

Although there are other and peripheral problems on which we can and do readily pass, this critical issue 1 is one which should be certified to the Supreme Court of Florida…