GENE AND DOROTHY KOWCH, PETITIONERS,
v.
BOARD OF COUNTY COMMISSIONERS, SEMINOLE COUNTY AND THOMAS DEWOLF, RESPONDENTS
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The Florida appellate court held that a letter notifying parties of an administrative agency's decision constitutes a written order for purposes of determining when the 30-day deadline for filing a common law certiorari petition begins, and vacated the circuit court's dismissal of the petition as untimely.
The letter sent to parties informing them of the Commissioners' decision constitutes a decision reduced to a writing under Florida Rule of Appellate Procedure 9.020(g), and the 30-day period for filing certiorari begins from the date of that letter rather than waiting for formal filing with the clerk.
[1] A petition for writ of common law certiorari must be filed within thirty days of the order to be reviewed.
[2] Rendition of an order for purposes of appellate review occurs when a signed written order is filed with the clerk of the lower tribunal.
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Join FLexlaw to unlock all legal intelligence“The time for invoking common law certiorari jurisdiction of the circuit court is governed by the Florida Rules of Appellate Procedure by operation of section 59.081, Florida Statutes (1984). Florida Rule of Appellate Procedure 9.100(c) provides that a petition for common law certiorari shall be filed within thirty days of the order to be reviewed.”
Establishes the applicable rule for the 30-day filing deadline
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Join FLexlaw to unlock all legal intelligencePetitioners were granted a special exception for an adult congregate living facility in an agriculturally zoned district. The Board of County Commissi…
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DAUKSCH, Judge.
This matter is before us on a petition for writ of common law certiorari. The question for our decision is whether the circuit court departed from the essential requirements of law in dismissing, as untimely, a petition for writ of certiorari to an administrative agency. We hold that it did and grant certiorari.
Petitioners were granted a special exception for their operation of an adult congregate living facility in an agriculturally zoned district which, under the county land development code, would be a variance. On appeal to the Seminole County Board of County Commissioners the above decision of the Board of Adjustments was overturned. By letter petitioners were notified of the Commissioners’ decision, but the decision was not filed with the clerk of the Board of County Commissioners. Thirty-one days after the oral announcement of the Commissioners’ decision petitioners filed their petition for writ of common law certiorari in the circuit court which sought review of the Commissioners’ decision. The circuit court entered a final order granting respondents’ motion to quash the petition on jurisdictional grounds holding that the petition was untimely filed.
The time for invoking common law certiorari jurisdiction of the circuit court is governed by the Florida Rules of Appellate Procedure by operation of section 59.081, Florida Statutes (1984). Florida Rule of Appellate Procedure 9.100(c) provides that a petition for common law certiorari shall be filed within thirty days of the order to be reviewed. Rendition occurs when a signed written order is filed with the clerk of the lower tribunal. Rule 9.020(g), Fla.R.App.P. In the instant case we hold that the letter sent to the parties informing them of the Commissioners’ decision constitutes a decision reduced to a writing as provided in Rule 9.020(g). We therefore grant the petition and remand the case to the circuit court with directions for it to consider the merits of the previously filed petition for certiorari once the letter is filed with the clerk of Seminole County Board of County Commissioners. See Grady v. Lee County, 458 So. 2d 1211 (Fla. 2d DCA 1984).
Writ granted.
FRANK D. UPCHURCH and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Battaglia Fruit Co. v. The City OF Maitland, 530 So. 2d 940 (Fla. 5th DCA 1988)…made by an agent of the clerk’s office in Orange County that this [the decision] had not been filed, [when it had been filed]. Filing is the critical act which triggers both time periods under section 16. See Kowch v. Board of County Commissioners, 467 So. 2d 340 (Fla. 5th DCA 1985). Clearly, the ordinance gives the circuit court authority to extend the 30-day time period to file the petition, which it did in this case. Although not expressly applicable to the 10-day notice provision, this extension power o…
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Smull v. The Town OF Jupiter, 854 So. 2d 780 (Fla. 4th DCA 2003)…may govern an appeal to the Town Council from the Planning Board, it does not control the procedure to invoke the review jurisdiction of the circuit court, which is controlled by the Rules of Appellate Procedure. See Kowch v. Bd. of County Commr’s, 467 So. 2d 340, 341 (Fla. 5th DCA 1985). The Rules of Appellate Procedure “supersede all conflicting statutes and ... all conflicting rules of procedure.” Fla. R.App. P. 9.010. Rule 9.190(b)(3) provides that “[rjeview of quasi-judicial decisions of any administrat…
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Fla. Mobile Home Relocation Corp. v. City OF S. Daytona, 80 So. 3d 1061 (Fla. 1st DCA 2012)…iction. The petition is GRANTED, the circuit court’s order is QUASHED, and this case is REMANDED to the circuit court to address the jurisdictional issue and, if jurisdiction exists, to issue an order on the merits. Kowch v. Bd. of County Comm’rs, 467 So. 2d 340 (Fla. 5th DCA 1985). BENTON, C.J., ROWE, and RAY, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Grady v. LEE Cnty., 458 So. 2d 1211 (Fla. 2d DCA 1984)