Legal Question in Civil Litigation in Florida
DCA Ruling
Does a opinion or ruling from the 2nd DCA automativally overturn a circut court judges rulings within the 3rd DCA, or does it have to be heard and ruled on in the 3rd DCA
Asked on 4/24/08, 2:42 pm
2 Answers from Attorneys
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: DCA Ruling
If the thrid DCA has not ruled on the issue decided by the 2nd DCA (and there is also no Supreme Court decision on the issue), then, yes -- the trial judge in the 3rd DCA must follow the 2nd DCA ruling.
Answered on 4/27/08, 4:00 pm
Stuart M. Address
Law Offices of Stuart M. Address, P.A.
Re: DCA Ruling
It is not mandatory precedent in another DCA. It may be cited as persuasive precedent. The other DCA considers it for whatever value it determines the case to be worth.
Answered on 4/24/08, 4:11 pm
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