Fred Collins v. Straight, Inc., a Florida Corp., Licensed to Do Business in the State of Virginia

JAMES R. MILLER, Jr., District Judge,

dissenting:

I respectfully dissent from Part II of the court’s opinion, because I believe that Florida law is unclear on the issues herein involved and that, under the circumstances of this case, certification of those questions of state law controlling herein should be made to the Supreme Court of Florida.

The majority recognize that, in this diversity ease, the district judge refused to give the instruction requested by Straight that an essential element of proof in a false imprisonment case, under Florida law, is that the restraint was “unreasonable and…