34.017
Certification of questions to district court of appeal.
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34.017 Certification of questions to district court of appeal.—
(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.
History.—s. 3, ch. 84-303; s. 6, ch. 2020-61.
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1985–2023 · leading case: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CC CHIROPRACTIC, LLC, a/a/o ISLANDE NAPOLEON
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CC CHIROPRACTIC, LLC, a/a/o ISLANDE NAPOLEON (2018)
“To the extent that existing law provides a way for us to review county court decisions, it exists in section 34.017, Florida Statutes (2017), and Florida Rule of Appellate Procedure 9.”
Dale Lee Norman v. State of Florida (2017)
“Section 34.017(1), Florida Statutes (2012), permits a county court to certify questions of great public importance to the district court of appeal in a final judgment if the question “may have statewide application.”
Stilson v. Allstate Ins. Co. (1997)
“Thus, the concept of a question of great public importance in section 34.017 is somewhat broader than in the constitution.”
United Auto. Ins. Co. v. Rodriguez (2001)
“In fact, the majority and concurring opinions interpret the no-fault statutes in a manner that simply provides a thirty-day grace period for payment of benefits that even other forms of health and disability insurance are not afforded.”
Kingsway Amigo Insurance Co. v. Ocean Health, Inc. (2011)
“The county court certified the following question as an issue of great public importance pursuant to section 34.017, Florida Statutes (2010): MAY A PIP INSURER NEVERTHELESS ELECT TO USE THE MEDICARE PART B FEE SCHEDULES SET FORTH IN FLA.”
Moore v. State Farm Mut. Auto. Ins. Co. (2005)
“§ 34.017(4)(a), Fla. Stat. (2004). Because the issues in this appeal deal solely with the interpretation of the fee agreement between Moore and Ms.”
State Ex Rel. City of Aventura v. Jimenez (2016)
“; § 34.017(1) & (2), Fla. Stat. (2015). ANALYSIS A.”
City of Hollywood, a political subdivision of the State of Florida v. Eric Arem (2014)
“The county court certified the following questions of great public importance pursuant to section 34.017, Florida Statutes (2011), and Florida Rule of Appellate Procedure 9.”
City of Oldsmar v. Trinh (2016)
“erning potential red light camera violations before sending that data to the appropriate traffic enforcement authority for a probable cause determination, The City of Oldsmar (the City) and the Attorney General challenge the county court’s order granting Tammy Vo Trinh’s motion…”
Geico General Insurance v. Virtual Imaging Services, Inc. (2012)
“s one of law: did the insurer correctly apply the PIP law, as amended, in limiting reimbursement to the appellee based on the amendment and fee schedules, or was the insurer obligated to reimburse the amount claimed by the MRI provider to be “reasonable” without reference to the…”
Everard v. State (1990)
“Section 34.017, Florida Statutes (1987), provides: (1)A county court is permitted to certify a question to the district court of appeal in a final judgment if the question may have statewide application, and: (a) Is of great public importance; or (b) Will affect the uniform…”
State v. Parsons (1989)
“Based on the following order, which ably and comprehensively discusses and resolves the question involved, the Dade County Court has certified to us, under section 34.017, Florida Statutes (1987) and Fla.”
— 34.017(1) — 8 cases
Dale Lee Norman v. State of Florida (2017)
“Section 34.017(1), Florida Statutes (2012), permits a county court to certify questions of great public importance to the district court of appeal in a final judgment if the question “may have statewide application.”
United Auto. Ins. Co. v. Rodriguez (2001)
“In fact, the majority and concurring opinions interpret the no-fault statutes in a manner that simply provides a thirty-day grace period for payment of benefits that even other forms of health and disability insurance are not afforded.”
State Ex Rel. City of Aventura v. Jimenez (2016)
“; § 34.017(1) & (2), Fla. Stat. (2015). ANALYSIS A.”
Stilson v. Allstate Ins. Co. (1997)
“Thus, the concept of a question of great public importance in section 34.017 is somewhat broader than in the constitution.”
— 34.017(1)(a) — 1 case
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. CC CHIROPRACTIC, LLC, a/a/o ISLANDE NAPOLEON (2018)
“To the extent that existing law provides a way for us to review county court decisions, it exists in section 34.017, Florida Statutes (2017), and Florida Rule of Appellate Procedure 9.”
— 34.017(3) — 2 cases
Curry v. State (1988)
— 34.017(4)(a) — 1 case
Moore v. State Farm Mut. Auto. Ins. Co. (2005)
“§ 34.017(4)(a), Fla. Stat. (2004). Because the issues in this appeal deal solely with the interpretation of the fee agreement between Moore and Ms.”
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