Legal Opinion

Cook v. Arrowhead Mobile Home Community

Circuit Court for the Judicial Circuits of Florida

Decided September 13, 1991No. Case No. 90-917-CA (Lower Court Case No. 90-517-CC)Published

1Opinion of the Court

OPINION OF THE COURT

OPINION ANSWERING CERTIFIED QUESTION

This appeal arises from an issue certified to be of great public importance by the learned Trial Court as follows:

“The Court determines that the issue of great public importance is whether such an interpretation of Florida Statute, Section 83.60(2) is consistent with the due process of law as guaranteed by the Florida and United States Constitution and with equal access to the courts. *27In other words, does Florida Statute, Section 83.60(2) preclude any hearing — including a hearing on a Motion to Dismiss — unless Defendant timely tenders…

2Cases cited24 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  3. Lindsey v. NormetSupreme Court of the United States · 1972
  4. American Surety Co. v. BaldwinSupreme Court of the United States · 1932
  5. Wheeler v. MeggsSupreme Court of Florida · 1918

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