MICHAEL PHIPPS, ROBERT A. WARE AND ROBERT TANSILL, APPELLANTS,
v.
BOARD OF ADJUSTMENT, A BOARD OF REVIEW CREATED BY THE ORDINANCES OF PALM BEACH COUNTY, LEE STARKEY, CHAIRMAN OF THE BOARD OF ADJUSTMENT; JAN WOLFE, WARREN NEWELL, NATHANIEL ADAMS AND HORACE PEPPER, AS MEMBERS OF THE BOARD OF ADJUSTMENT, APPELLEES
MICHAEL PHIPPS, ROBERT A. WARE AND ROBERT TANSILL, APPELLANTS,
BOARD OF ADJUSTMENT, A BOARD OF REVIEW CREATED BY THE ORDINANCES OF PALM BEACH COUNTY, LEE STARKEY, CHAIRMAN OF THE BOARD OF ADJUSTMENT; JAN WOLFE, WARREN NEWELL, NATHANIEL ADAMS AND HORACE PEPPER, AS MEMBERS OF THE BOARD OF ADJUSTMENT, APPELLEES
388 So. 2d 317
Florida District Court of Appeal, Fourth District (1980)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Appellants have filed a notice of appeal from an order of the circuit court, sitting in its review capacity, denying their petition for writ of certiorari. Pursuant to Fla.R. App.P. 9.040(c) and 9.030(b)(2)(B) we treat this proceeding as one seeking our writ of common law certiorari.
Petitioners have failed to demonstrate that the circuit court departed from the essential requirements of law. Accordingly, the petition is denied.
CERTIORARI DENIED.
ANSTEAD, MOORE and HERSEY, JJ., concur.
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City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)…of the law were observed. We agree with the decision and rationale of the Fourth District in the present case. See also Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1980), review denied, 399 So. 2d 1140 (Fla.1981); Phipps v. Board of Adjustment, 388 So. 2d 317 (Fla. 4th DCA 1980); Campbell v. Vetter, 375 So. 2d 4 (Fla. 4th DCA 1979); Civil Service Board, City of Fort Lauderdale v. Carter, 363 So. 2d 858 (Fla. 4th DCA 1978). As a case moves up the appellate ladder, each level of review does not become broa…
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Odham v. Petersen, 398 So. 2d 875 (Fla. 5th DCA 1981)…e have jurisdiction to review by plenary appeal. See County of Volusia v. Transamerica Business Corp., 392 So. 2d 585 (Fla. 5th DCA Dec. 31, 1980) [1981 F.L.W. 157]. Our conclusion does not appear to be consistent with Phipps v. Board of Adjustment, 388 So. 2d 317 (Fla. 4th DCA 1980). Appellant argues that certiorari review in the circuit court should be in the nature of a trial de novo and that the scope of review on this appeal should be similarly broadened. Appellant reasons that since certio-rari review…
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Odham v. Michael N. Petersen & the Bd. of Adjustments of Volusia Cnty., 428 So. 2d 241 (Fla. 1983)…PER CURIAM. We granted review of the decision of the District Court of Appeal, Fifth District, in Odham v. Petersen, 398 So. 2d 875 (Fla. 5th DCA 1981), because of direct and express conflict with Phipps v. Board of Adjustment, 388 So. 2d 317 (Fla. 4th DCA 1980). The Fifth District’s decision also conflicts with our recent decision in City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982), wherein we held that where full review of administrative action is given in the circuit cou…
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