OTIS CARR ALESHIRE, SAMUEL BRIAN ALESHIRE AND ALLSTATE INSURANCE COMPANY, PETITIONERS,
v.
RICHARD CHARLES ACKERMAN, RESPONDENT

Fla. 5th DCA | 1982-07-21
No. 82-924
COBB and COWART, JJ., concur.
418 So. 2d 307 Florida District Court of Appeal, Fifth District (1982) Positive Treatment
Cited by 6 cases


Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

Before us for consideration is a “Petition for Writ of Certiorari to the Fifth District Court of Appeal.” Of course, petitioner means to have the writ issued to the Circuit Court; we cannot issue the writ to our own court. We cannot issue an Order to Show Cause as contemplated in Rule 9.100(f) because the petition does not demonstrate a preliminary basis for relief. All that is before us are bare allegations that:

1. Petitioner seeks to have reviewed and quashed, in part, the Order of the Trial Court in Civil Action No. 81-1796-CA-01, Division B, entered on the 8th day of June, 1982, in the Circuit Court of the Seventh Judicial Circuit in and for Volu-sia County, Florida.

2. This Petition is presented pursuant to Rule 9.100(c) (Fla.R.App.P.).

3. This Petition is presented because the effect of the above-mentioned Order is to deny the Petitioners their right to adequate discovery before trial which denial will result in significant injury to the Petitioners who will not be able to properly prepare for trial on the merits. The Order in effect denies the Petitioners right to discovery as provided by Rule 1.280 (Fla.R.Civ.P.).

There is no appendix as required by the rule and we do not have even the vaguest notion as to “facts upon which the petitioner relies.” Rule 9.100(e)(2). No argument and no citations of authority are offered as required under 9.100(e)(4). In fact we were not even furnished with the order sought to be quashed.

WRIT DENIED.

COBB and COWART, JJ., concur.


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  • Cook v. City OF Winter Haven Police Dep't, 837 So. 2d 492 (Fla. 2d DCA 2003)
    …re to supply an appendix or failure to move to amend their petition. See, e.g., Dunn v. Sentry Ins., 434 So. 2d 45 (Fla. 5th DCA 1983) (denying petition for writ of certiorari due to petitioner’s failure to supply an appendix); Aleshire v. Ackerman, 418 So. 2d 307 (Fla. 5th DCA 1982) (same); see also City of Miami v. Powers, 313 So. 2d 35 (Fla.1975) (dismissing petition based on petitioner’s persistent failure to comply with court orders setting due dates for filing an appendix). Errors and omissions in the r…
  • …351 So. 2d 405 (Fla.1977). By failing to provide this court with a record of the proceedings below, the city has [*831] failed to demonstrate that the lower tribunal abused its discretion when it vacated the automatic stay. Cf. Aleshire v. Ackerman, 418 So. 2d 307 (Fla. 5th DCA 1982) (petition for writ of certiorari denied where petition did not attach an appendix with a copy of the order sought to be reviewed). The motion to reinstate automatic stay is denied without prejudice to serve an amended motion wi…
  • Dunn v. Sentry Ins., 434 So. 2d 45 (Fla. 5th DCA 1983)
    …accompanying petition for emergency stay writ. It is necessary for petitioner to provide this court with an appendix and because he failed to do so the petitions are denied. Rule 9.100(e), Florida Rules of Appellate Procedure; Aleshire v. Ackerman, 418 So. 2d 307 (Fla 5th DCA 1982)‘ Writ denied. FRANK D. UPCHURCH, Jr., and CO-WART, JJ., concur.…

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