IDEAL ROCK PRODUCTS CO. v. HENRY'S DRIVE-IN OF FLA., INC.

No. 63-248.

152 So.2d 791 (1963)

IDEAL ROCK PRODUCTS CO., a Florida corporation, Plaintiff, v. HENRY'S DRIVE-IN OF FLORIDA, INC., a Florida corporation, Defendant.

District Court of Appeal of Florida. Third District.

May 14, 1963.


Attorney(s) appearing for the Case

Merwin E. Taylor, Miami Springs, for plaintiff.

Gotthardt, Christie & Shepard and A.E. Bradbury, Miami, for defendant.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.


PER CURIAM.

The following question has been certified1 to this Court by the Circuit Court of the Eleventh Judicial Circuit:

"Following the transfer of a cause under Rule 1.39(b) of the Florida Rules of Civil Procedure [30 F.S.A.], from the Civil Court of Record to the Circuit Court, pursuant to mandate, can the Circuit Court, in ruling on a motion for summary judgment, consider documentary evidence, depositions and transcript...

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