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132 So. 2d 341

Kovens v. Bluestone

District Court of Appeal of Florida · decided 1961-05-15

Good law ✅— No negative treatment on recordhow we know

Decided 1961-05-15

How this case has been cited

Cited by 9 later decisions — most recently January 1983

9 state decisions

60196119701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1This appeal was taken from a summary judgment in favor of the appellee Minnie •Goodman.

¶2In oral argument before this court, and in the briefs of the respective parties, it was urged that the summary judgment resulted from the trial judge’s construction of Section 1, Article XI of the Florida Constitution, F.S.A. The summary judgment appealed makes no reference to the basis upon which it was rendered, except the usual ones implicit in summary judgments, i. e., lack of a genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.

¶3In view of the question raised, we remand this cause to the trial court for the entry of an order specifying whether or not the summary judgment now under appeal was entered pursuant to that court’s construction of Section 1, Article XI of the Florida Constitution. Upon the entry of such order, the clerk of the trial court is directed to forward a certified copy thereof to this court and to counsel for each of the parties hereto.

¶4It is so ordered.

HORTON, C. J., and PEARSON, TILLMAN, and CARROLL, JJ., concur.
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