MIAMI-DADE COUNTY, PETITIONER,
v.
ROBERT F. CLARKE, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the circuit court departed from the essential requirements of law by granting a motion for rehearing without a proper record of the proceedings.
Robert F. Clarke was issued a parking violation and found guilty by a magistrate. The circuit court initially affirmed this decision, but later revers…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Record cases and more on FLexlaw
PER CURIAM.
This is a petition for writ of certiorari from a decision by the circuit court, appellate division, granting Robert F. Clarke’s motion for rehearing of an affirmance of his appeal from a parking violation. We grant the writ.
Clarke was issued a parking violation on July 13, 1998 and was found guilty at a parking violations administrative hearing held before a magistrate on December 7, 1998. Initially, the circuit court affirmed the magistrate’s decision, but a different appellate panel reversed that decision after Clarke filed a motion for rehearing. We conclude that the initial appeal was properly decided because Clarke did not include a transcript of the December 7, 1998 proceedings held before the magistrate. As the Supreme Court stated in Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979), an appellate court cannot properly resolve the underlying factual issues so as to conclude that the trial court’s judgment is not supported by the evidence or by an alternative theory, without a record of the trial proceedings. Clarke’s motion for rehearing should have thus been denied because it suffered from the same infirmity.
We therefore find that the circuit court, appellate division departed from the essential requirements of the law when it granted Clarke’s motion for rehearing. See Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla.1995).
Writ of certiorari granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)