Revitz v. Baya, 51789
Decision Date | 10 November 1977 |
Docket Number | No. 51789,51789 |
Citation | 355 So.2d 1170 |
Parties | Robert REVITZ, Petitioner, v. George J. BAYA and Mary Phillips Baya, Respondents. |
Court | Florida Supreme Court |
Richard L. Lapidus, of Lapidus & Hollander, Miami, for petitioner.
L. J. Cushman, Miami, for respondents.
This cause is before us on petition for writ of certiorari to the District Court of Appeal, Third District, to review its decision in Baya v. Revitz, reported at 345 So.2d 340 (Fla. 3rd DCA 1977). The District Court of Appeal has certified the following question to this Court:
"Will a separate action for abuse of process lie for the taking of an appeal from a nonappealable consent judgment?"
However, in the decision of the District Court under review, that court expressly stated:
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Weiand v. State
...district court d[id] not reflect the issue actually ruled upon by the court." This case can also be distinguished from Revitz v. Baya, 355 So.2d 1170, 1171 (Fla.1977), where we discharged jurisdiction because "the District Court specifically found, it unnecessary to pass upon" the question ......
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Massie v. University of Florida, BN-98
...sector would not be feasible, because we have not passed on the question that would be appropriate for certification. See Revitz v. Baya, 355 So.2d 1170 (Fla.1977). Therefore, under the circumstances, any meaningful attempt to place a construction on the pertinent language of section 440.28......
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Powell v. State
...(dismissing the case because the district court did not address the issue contained in the certified question); accord Revitz v. Baya, 355 So.2d 1170, 1171 (Fla.1977); Boler v. State, 678 So.2d 319, 320 (Fla.1996) (explaining that "[w]e do not have jurisdiction to answer a certified questio......
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Della-Donna v. Nova University, Inc.
...action on the part of the defendant, the plaintiff suffered damage. Baya v. Revitz, 345 So.2d 340 (Fla. 3d DCA 1977), cert. denied, 355 So.2d 1170 (Fla.1977). The failure of the plaintiff to establish all three elements precludes a cause of action for abuse of process. Blue v. Weinstein, 38......
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Taking the pathway of discretionary review toward Florida's highest court.
...(52) Floridians for a Level Playing Field v. Floridians Against Expanded Gambling, 967 So. 2d 832, 833 (Fla. 2007). (53) Revitz v. Baya, 355 So. 2d 1170, 1171 (Fla. (54) Floridians for a Level Playing Field, 967 So. 2d at 833; see also State v. Schebel, 723 So. 2d 830, 830-31 (Fla. 1999) (h......