34.017 Certification of questions to district court of appeal.

167 words·~1 min read·/fl/title-v/chapter-34/34-017

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A county court may certify a question to the district court of appeal in a final judgment that is appealable to the circuit court if the question may have statewide application, and:

(a)Is of great public importance; or

(b)Will affect the uniform administration of justice.

(2)In the final judgment, the trial court shall:

(a)Make findings of fact and conclusions of law; and

(b)State concisely the question to be certified.

(3)The decision to certify the question to the district court of appeal is within the sole discretion of the county court.

(4)The district court of appeal has absolute discretion as to whether to answer a question certified by the county court.

(a)If the district court agrees to answer the certified question, it shall decide all appealable issues that have been raised from the final judgment.

(b)If the district court declines to answer the certified question, the case shall be transferred to the circuit court which has appellate jurisdiction.