From Casetext: Smarter Legal Research

State v. Johnson

District Court of Appeal of Florida, Fourth District
May 9, 1985
467 So. 2d 412 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-194.

April 3, 1985. Rehearing Denied May 9, 1985.

Michael J. Satz, State Atty., and Paul H. Zacks, Asst. State Atty., Fort Lauderdale, and Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant.

Jerome M. Rosenblum, Hollywood, for appellee.


The County Court has certified a question to this court pursuant to Florida Rules of Appellate Procedure 9.030 (b)(4), 9.160, and 9.165, which rules became effective beginning October 1, 1984.

These rules were amended effective March 1, 1985. However, we believe that such amendments do not apply to the instant certification made under the prior rules cited.

We decline to accept jurisdiction because the certification procedure employed does not meet the essential criteria, jurisdictional and otherwise, specified in the above-mentioned appellate rules. More particularly, there are these defects:

1. We are called upon to review a non-final amended order of clarification and not a "final judgment" that certifies a question.

2. Neither the order certifying question nor the amended order of clarification state or frame the question to be certified. Instead, we are simply referred to the question involved in the six-page amended order of clarification and left to our own devices in order to unearth a specific question.

3. Neither the order certifying question nor amended order of clarification contain sufficient findings of fact.

We decline to accept jurisdiction and dismiss the above-styled appeal.

It is so

ORDERED.

GLICKSTEIN and BARKETT, JJ., concur.


Summaries of

State v. Johnson

District Court of Appeal of Florida, Fourth District
May 9, 1985
467 So. 2d 412 (Fla. Dist. Ct. App. 1985)
Case details for

State v. Johnson

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. DARWIN G. JOHNSON, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 9, 1985

Citations

467 So. 2d 412 (Fla. Dist. Ct. App. 1985)

Citing Cases

3299 N. Fed. Hwy. v. Bro. Cty. Com'rs

The motion does not identify the question that is being proposed for certification to the supreme court as…