PARK ROAD MOBILE MANOR, INC., PETITIONER,
v.
K. JACK BREIDEN, RESPONDENT
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PER CURIAM.
This is a petition for common law certiorari growing out of a mobile home eviction proceeding. The action was instituted in county court where a summary judgment barring the tenant’s eviction was issued. The summary judgment was appealed to the circuit court, which affirmed as to eviction. We conclude that a substantial departure from the essential requirements of law sufficient to warrant an assumption of jurisdiction by this court has been demonstrated. See Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1980), and City of Deerfield Beach v. Vaillant, 399 So. 2d 1045 (Fla. 4th DCA 1981).
A review of the record discloses the summary judgment was entered totally without sworn proof as to any of the factual issues made by the pleadings. There was simply nothing in the court file upon which a summary judgment could have been based. The county court’s summary judgment and the circuit court’s appellate order are vacated and the matter remanded for further proceedings.
CERTIORARI GRANTED.
LETTS, C. J., and BERANEK and HERSEY, JJ., concur.
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In re the Interest of M.P. v. Lake Cnty., 453 So. 2d 85 (Fla. 5th DCA 1984)…s situation, the appointment of a guardian ad litem is a legislative requirement and the prime responsibility for carrying out this requirement has been placed on the Department of Health and Rehabilitative Services (appellant). In Interest of R.W., 409 So. 2d 1069, 1071 (Fla. 2d DCA 1981). Section 827.07(11) provides: (a) The department shall: 1. Have prime responsibility for strengthening and improving child abuse and neglect prevention and treatment efforts. 2. Seek and encourage the development of impro…1 / 3
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Dep't of Health & Rehabilitative Servs. v. In the Interest of A.H., 459 So. 2d 417 (Fla. 1st DCA 1984)…pointed guardians ad litem, where the parents are found financially unable to do so, is placed upon the Department of Health and Rehabilitatives Services. See In re the Interest of M.P., 453 So. 2d 85 (Fla. 5th DCA 1984); In re the Interest of R.W., 409 So. 2d 1069 (Fla. 2nd DCA 1981). AFFIRMED. JOANOS, WIGGINTON and BAR-FIELD, JJ., concur.…
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In the Interest of C.T., 503 So. 2d 972 (Fla. 4th DCA 1987)…nsibility for payment of fees in the thirty-five cases filed before that date. See §§ 415.508 & 415.509, Fla.Stat. (1985); In the Interest of M.P., 453 So. 2d 85 (Fla. 5th DCA 1984), review denied, 472 So. 2d 732 (Fla.1985); In the Interest of R.W., 409 So. 2d 1069 (Fla. 2d DCA 1981); and Department of Health and Rehabilitative Services v. A.H., 459 So. 2d 417 (Fla. 1st DCA 1984). Therefore we affirm that part of the order that charges HRS with responsibility for payment of the attorney/guardian ad litem fees…
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- Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1980)
- City OF Deerfield Beach v. Vaillant, 399 So. 2d 1045 (Fla. 4th DCA 1981)