(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

Terms Used In Florida Statutes 34.017

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.
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