Whitaker v. Jacksonville Expressway Authority, C-305
| Decision Date | 01 June 1961 |
| Docket Number | No. C-305,C-305 |
| Citation | 131 So.2d 22 |
| Parties | Hoyle WHITAKER and Lillie Inez Whitaker, his wife, Appellants, v. JACKSONVILLE EXPRESSWAY AUTHORITY, a corporate agency of the State of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Arthur T. Boone and Smith, Axtell & Howell, Jacksonville, for appellants.
E. P. Mulcahy, Jacksonville, for appellee.
Our decision of April 25, 1961, held that this appeal was not timely filed and thereupon granted appellee's motion to dismiss. On May 13, 1961, the appellant moved the court to certify its mentioned decision as one that passes upon a question of great public interest, the purpose being to provide a basis for certiorari to the Supreme Court under the provisions of Article V, Section 5(3), Constitution of Florida, F.S.A.
It is seen that the 'motion' was filed after the time allowed by the rules for filing a petition for rehearing. If such motion is recogniable as having an efficient purpose in point of law, its filing would cast on this court the duty to formally dispose of it; and if that premise were correct, it would follow that the filing of the motion would operate to withhold issuance of the mandate until it is disposed of or, if it should be that the mandate had issued prior to the filing of the 'motion', it would be incumbent on the court to recall and vacate the mandate and issue a new mandate when the motion is finally disposed of. Such procedure is not contemplated by the rules or applicable law.
In Susco Car Rental System of Florida v. Leonard, Fla.1959, 112 So.2d 832, 835, the Florida Supreme Court laid at rest the proposition that the power of the District Courts of Appeal is absolute to refuse to certify a decision of that court as one which passes upon a question of great public interest. Justice Drew, speaking for the court, observed that, 'Similarly, where a decision involves a question which has, incontrovertibly, been 'certified by the district court of appeal to be of great public interest,' then the specified condition [of Article V, Section 5(3), Constitution of Florida] has been fully met.'
Inherent in every decision rendered by a District Court of Appeal is the implication, unless otherwise stated or contrary action taken, that it does not pass upon a question of great public interest; and when the labor of the court has terminated with its final decision and the issuance of its mandate thereon, it no longer has jurisdiction to enter a certificate of the character under discussion.
In parlance of the law the word 'motion', in its efficient sense, denotes an application to a court...
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Nash v. Florida Industrial Commission
...a particular question be certified, such suggestion has been declared to have 'no legal effect.' See Whitaker v. Jacksonville Expressway Authority, 131 So.2d 22 (1st D.C.App.Fla. 1961). Thus, it is impossible for us to say that under Florida law petitioner here had any right to call upon th......
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Rutherford v. Pearl Assur. Co., E-402
...* * *.' The only distinction between the pleading in this cause and that considered by this court in Whitaker v. Jacksonville Expressway Authority, Fla.App., 131 So.2d 22 (1961), is that in the cited case the pleading was filed subsequent to the time allowed for filing of a petition for We ......
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Nash v. Florida Indus. Commission
...a particular question be certified, such suggestion has been declared to have 'no legal effect.' See Whitaker v. Jacksonville Expressway Authority, 131 So.2d 22 (1st D.C.A.Fla.1961). Thus, it is impossible for us to say that under Florida law petitioner here had any right to call upon the S......
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...at the time the Fourth District issued its order, there was still judicial labor to be performed. See Whitaker v. Jacksonville Expressway Auth. , 131 So. 2d 22, 23 (Fla. 1st DCA 1961) ("[W]hen the labor of the court has terminated with its final decision and the issuance of its mandate ther......