SC06-2505 – Floridians For A Level Playing Field v. Floridians Against Expanded Gambling, Et Al.

State: Florida

Docket No: SC06-2505

Case Date: 09/27/2007

Preview:Supreme Court of Florida
____________ No. SC06-2505 ____________ FLORIDIANS FOR A LEVEL PLAYING FIELD, Petitioner, vs. FLORIDIANS AGAINST EXPANDED GAMBLING, et al., Respondents. [September 27, 2007] PARIENTE, J. We have for review the decision in Floridians Against Expanded Gambling v. Floridians for a Level Playing Field, 945 So. 2d 553 (Fla. 1st DCA 2006), in which the First District Court of Appeal certified a question to be of great public importance. Initially, the Court accepted review pursuant to article V, section 3(b)(4) of the Florida Constitution, which gives us discretionary jurisdiction to review "any decision of a district court of appeal that passes upon a question certified by it to be of great public importance." Upon further consideration, we conclude that jurisdiction was improvidently granted and therefore discharge this case for the two reasons explained below.

In order to have discretionary jurisdiction based on a certified question, there are essentially three prerequisites that must be met. First, it is essential that the district court of appeal pass upon the question certified by it to be of great public importance. We have previously discharged jurisdiction where the district court of appeal has not in fact passed upon the question certified. 1 Second, there must be a district court "decision" to review. See art. V,

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