Jaworski v. City of Opa-Locka, OPA-LOCK

CourtUnited States State Supreme Court of Florida
Writing for the CourtTHORNAL; ROBERTS
Citation149 So.2d 33
PartiesSigmund T. JAWORSKI, Plaintiff, v. The CITY OFlorida, a municipal corporation, Defendant.
Decision Date23 January 1963
Docket NumberOPA-LOCK,No. 32174,F

Page 33

149 So.2d 33
Sigmund T. JAWORSKI, Plaintiff,
v.
The CITY OF OPA-LOCKA, Florida, a municipal corporation, Defendant.
No. 32174.
Supreme Court of Florida.
Jan. 23, 1963.

Page 34

Frates & Fay, Miami, for petitioner.

Albert L. Weintraub and A. Jay Cristol, Miami, for defendant.

THORNAL, Justice.

We have for consideration a certified question submitted by a circuit judge.

We must determine whether the question is answerable by this Court.

Jaworski instituted an action for damages against the City of Opa-Locka. The suit is pending in the Circuit Court of Dade County. The plaintiff seeks damages for injuries allegedly resulting from the use of excessive force by a police officer of the City. Pending his consideration of the cause, the Circuit Judge has certified to us, and, requested an answer, to the following question:

Is a municipality liable for the alleged acts of its police officers in committing an assault and battery on the plaintiff after the plaintiff had been arrested for the commission of a misdemeanor, without warrant, when the acts constituting the misdemeanor were not committed in the presence of the arresting officer?

For reasons hereafter indicated we must decline to answer the question.

The certificate of the trial judge states that it is submitted pursuant to Section 59.42, Florida Statutes, F.S.A. On July 1, 1957, the cited statute was superseded by Rule 4.6, Florida Appellate Rules, 31 F.S.A. The rule was adopted by this Court pursuant to Article V, Section 3, Florida Constitution, F.S.A. It, therefore, superseded any legislative enactment governing practice and procedure to the extent that the statute and the rule may be inconsistent. The practice and procedure for certifying questions to this Court and the District Courts of Appeal are now governed by Rule 4.6, Florida Appellate Rules.

Rule 4.6, subd. a, is as follows:

'When Certified. When it shall appear to a judge of the lower court that there is involved in any cause pending before him questions or propositions of law that are determinative of the cause and are without controlling precedent in this state and that instruction from the Court will facilitate the proper disposition of the cause, said judge, on his own motion or on motion of either party, may certify said question or proposition of law to the Court for instruction.'

The rule authorizes 'a judge of the lower court' to certify a question or proposition of law 'to the Court for instruction.' It must be conceded that the rule is not entirely clear regarding the Appellate Court to which a Circuit Judge should address the certificate. However, Rule 1.3, Florida Appellate Rules, defines a 'lower court' to mean 'the court * * * whose decision, judgment, decree or order is being reviewed or whose act is in...

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20 practice notes
  • Ryan v. Ryan, 42427
    • United States
    • United States State Supreme Court of Florida
    • March 30, 1973
    ...divorce statute is constitutional, but absent this, I must respectfully dissent. --------------- 1 Jaworski v. City of Opa-Locka, 149 So.2d 33, 34 (Fla.1963). 2 See footnote 7, Infra. 3 Dolton v. Cain, 14 Wall. 472, 20 L.Ed. 830, Gleason v. Gleason, 26 N.Y.2d 28, 308 N.Y.S.2d 347, 256 N.E.2......
  • State v. Aiuppa, No. 44264
    • United States
    • United States State Supreme Court of Florida
    • May 1, 1974
    ...which, if decided by the county court, would be reviewable on direct appeal from that court to this Court. Jaworski v. City of Opa-Locka, 149 So.2d 33 (Fla.1963). If this cause proceeded to final judgment the trial court would, of necessity, pass upon the constitutional validity of a state ......
  • Trustees of Tufts College v. Triple R. Ranch, Inc., Nos. 41535
    • United States
    • United States State Supreme Court of Florida
    • March 21, 1973
    ...of this cause, Article V, Section 3(b)(1), Florida Constitution 1973, F.S.A., F.A.R. 4.6, 32 F.S.A. Jaworski v. The City of Opa-Locka, 149 So.2d 33 If Section 704.05, Florida Statutes, F.S.A., is not to be applied retroactively then it will be unnecessary for us to resolve the second questi......
  • Craig v. State, No. 34101
    • United States
    • United States State Supreme Court of Florida
    • October 13, 1965
    ...to be followed in rape trials. Bluesten v. Florida Real Estate Commission, 125 So.2d 567 (Fla.1961); Jaworski v. City of Opa-Locka, 149 So.2d 33 (Fla.1963); State v. Robinson, 132 So.2d 156 (Fla.1961); and City of Miami v. Murphy, 137 So.2d 825 But aside from the procedural aspects of this ......
  • Request a trial to view additional results
20 cases
  • Ryan v. Ryan, 42427
    • United States
    • United States State Supreme Court of Florida
    • March 30, 1973
    ...divorce statute is constitutional, but absent this, I must respectfully dissent. --------------- 1 Jaworski v. City of Opa-Locka, 149 So.2d 33, 34 (Fla.1963). 2 See footnote 7, Infra. 3 Dolton v. Cain, 14 Wall. 472, 20 L.Ed. 830, Gleason v. Gleason, 26 N.Y.2d 28, 308 N.Y.S.2d 347, 256 N.E.2......
  • State v. Aiuppa, No. 44264
    • United States
    • United States State Supreme Court of Florida
    • May 1, 1974
    ...which, if decided by the county court, would be reviewable on direct appeal from that court to this Court. Jaworski v. City of Opa-Locka, 149 So.2d 33 (Fla.1963). If this cause proceeded to final judgment the trial court would, of necessity, pass upon the constitutional validity of a state ......
  • Trustees of Tufts College v. Triple R. Ranch, Inc., Nos. 41535
    • United States
    • United States State Supreme Court of Florida
    • March 21, 1973
    ...of this cause, Article V, Section 3(b)(1), Florida Constitution 1973, F.S.A., F.A.R. 4.6, 32 F.S.A. Jaworski v. The City of Opa-Locka, 149 So.2d 33 If Section 704.05, Florida Statutes, F.S.A., is not to be applied retroactively then it will be unnecessary for us to resolve the second questi......
  • Craig v. State, No. 34101
    • United States
    • United States State Supreme Court of Florida
    • October 13, 1965
    ...to be followed in rape trials. Bluesten v. Florida Real Estate Commission, 125 So.2d 567 (Fla.1961); Jaworski v. City of Opa-Locka, 149 So.2d 33 (Fla.1963); State v. Robinson, 132 So.2d 156 (Fla.1961); and City of Miami v. Murphy, 137 So.2d 825 But aside from the procedural aspects of this ......
  • Request a trial to view additional results

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