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MARTIN v. RITCHESON

No. V-343.

306 So.2d 582 (1975)

Charles Thomas MARTIN and Mary O'Neal Martin, Plaintiffs, v. Walter Francis RITCHESON et al., Defendants, GENERAL GUARANTEE INSURANCE COMPANY, etc., Third-Party-Plaintiffs, George Mackoul, etc., et al., and Baker and Company, Florida, Etc., Third-Party-Defendants.

District Court of Appeal of Florida, First District.

Rehearing Denied February 11, 1975.

Attorney(s) appearing for the Case

William F. Kaler, Sistrunk & Kaler, and Gerald R. Power, Jacksonville, for plaintiff, Charles Thomas Martin.

Thomas K. McKee, Jr., Lake City, for defendants, Walter Francis Ritcheson, and others.

Carl K. Staas, Boyd, Jenerett, Leemis & Staas, Jacksonville, for Gen. Guar. Ins. Co., third party plaintiff.

Herbert R. Kanning, Mathews, Osborne, Ehrlich, McNatt, Gobelman, & Cobb, Jacksonville, for George Mackoul; and Jeffrey Allen Tew, Tew, Tew & Murray, Miami, for Baker and Co., Florida, etc., third party defendants.

F.E. Steinmeyer, III, Folsom & Steinmeyer, Tallahassee, for amicus curiae.

BOYER, Acting Chief Judge.

We here consider a certified question from the Circuit Court of Duval County pursuant to Rule 4.6 Florida Appellate Rules, the material portion of which provides as follows:

"a. When Certified. When it shall appear to a judge of the lower court that there is involved in any cause pending before him questions or propositions of law that are determinative of the cause and are without controlling...

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