JAMES MACGREGOR GOW, JR., APPELLANT,
v.
COUNTY OF DADE, APPELLEE

Fla. 3d DCA | 1979-05-08
No. 78-1685
Before PEARSON and KEHOE, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.
371 So. 2d 493 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 8 cases

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Holding

Summary judgment was properly granted because the appellant failed to file for certiorari review within the mandatory 30-day period, and the claim for compensatory damages was barred by the statute of limitations.


Facts & Procedural History

Appellant failed to file a petition for writ of certiorari within the 30-day period required for review of his employment dismissal. Additionally, a c…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Summary judgment .was properly granted where the appellant admitted that he did not file for certiorari review in the court below of his dismissal from employment with the county within the 30 day period required.1 Appellate review was solely authorized in this instance by petition for writ of certiorari. See Code of Metropolitan Dade County, Florida Section 2-47 (1978). Appellant’s failure to file his petition within the time period prescribed deprived the circuit court of jurisdiction to review his order of dismissal. Overstreet v. Davis, 219 So. 2d 34 (Fla.1969); Lazenby v. Seaboard Life Ins. Co., 224 So. 2d 288 (Fla.1969); State of Florida, Department of Highway Safety and Motor Vehicles v. Joannou, 353 So. 2d 164 (Fla.3d DCA 1977), cert. dismissed, 355 So. 2d 515 (Fla.1978); State Department of Highway Safety v. Adams, 338 So. 2d 542 (Fla.1st DCA 1976); Flinchblaugh v. Burton, 312 So. 2d 827 (Fla.4th DCA 1975), cert. dismissed, 317 So. 2d 769 (Fla.1975).

That count in the complaint demanding compensatory damages for wages withheld during appellant’s period of suspension was properly barred by the statute of limitations. See Section 95.11(4)(c), Florida Statutes (1977).

We have carefully considered the appellant’s remaining points on appeal and find them to be without merit.

Affirmed.

. Fla.R.App.P. 9.100(c); Fla.App.R. 4.5(c), 1962 Revision. The 1962 revision of the appellate rules, which was in effect at the time appellant was entitled to seek certiorari review, governs this appeal.


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Citator

Cited By

  • McRAE v. Douglas, 644 So. 2d 1368 (Fla. 5th DCA 1994)
    …or overtime earned for services rendered, see Azaroglu v. Jordan, 270 So. 2d 422 (Fla. 3d DCA 1972), cert. denied, 275 So. 2d 12 (Fla.1973), or claims for improper withholding of wages such as during periods of suspension. See Gow v. County of Dade, 371 So. 2d 493 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1195 (Fla.), cert. denied, 449 U.S. 850, 101 S.Ct. 139, 66 L.Ed.2d 61 (1980). Hullinger’s claim is based upon a wrongful discharge. The fact that his damages may include or even be limited to recovery for…
  • Hullinger v. Ryder Truck Rental, Inc., 548 So. 2d 231 (Fla. 1989)
    …or overtime, earned for services rendered, see Azaroglu v. Jordan, 270 So. 2d 422 (Fla.3d DCA 1972), cert. denied, 275 So. 2d 12 (Fla.1973), or claims for improper withholding of wages such as during periods of suspension. See Gow v. County of Dade, 371 So. 2d 493 (Fla. 3d DCA 1979), cert. denied, 383 So. 2d 1195 (Fla.), cert. denied, 449 U.S. 850, 101 S.Ct. 139, 66 L.Ed.2d 61 (1980). Hullinger’s claim is based upon a wrongful discharge. The fact that his damages may include or even be limited to recovery for…
  • Walton v. Health Care Dist. of Palm Beach Cnty., 862 So. 2d 852 (Fla. 4th DCA 2003)
    …y to amend count III of his complaint to state a cause of action for violation of 29 U.S.C.A. § 215. AFFIRMED in part, REVERSED in part, and REMANDED. STONE and WARNER, JJ., concur. . The closest case cited by the District was Gow v. Dade County, 371 So. 2d 493 (Fla. 3d DCA 1979). There, a county employee filed suit in circuit court after he was dismissed. The brief opinion simply affirms the trial court’s entry of summary judgment on the ground that ''[a]ppellate review was solely authorized in this insta…

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