CITY OF KEY WEST TREE COMMISSION, PETITIONER,
v.
RADIM HAVLICEK, D/B/A HAVLICEK TREE STUMP GRINDING, RESPONDENT
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The Tree Commission of the City of Key West seeks a writ of certiorari directed to a Monroe County Circuit Court order granting certiorari with respect to a Special Magistrate’s verbal ruling on a discovery issue. We grant the Commission’s petition; the circuit court had no jurisdiction to review an oral order. See Fla. RApp. P. 9.100(c)(1) (time for petition for certiorari runs from rendition of an order); Fla. R. Civ. P. 1.630 (same); Fla. R.App. P. 9.020(h) (defining “rendition”). Based on the Magistrate’s comments at the hearing, the Magistrate’s view may have been that if the Magistrate conducts a trial de novo, then the claim of error before the Tree Commission is immaterial. The Magistrate should enter a written order, and without it, the circuit court has no jurisdiction.
Petition granted; order quashed.
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State v. Jones, 209 So. 3d 6 (Fla. 2d DCA 2016)…from the trial court, the trial court apparently "declined” to render an order recording its rulings. Thus, we cannot provide relief pursuant to our certiorari jurisdiction. See Fla. R. App. P. 9.100(c)(1); City of Key West Tree Comm’n v. Havlicek, 20 So. 3d 904 (Fla. 3d DCA 2009). Nevertheless, as the argument for a writ of certiorari parallels those for a writ of prohibition in the other three petitions, we treat the petition as such. See Fla. R. App. P. 9.040(c) ("If a party seeks an improper remedy, the…
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City OF KEY W. v. Radim Havlicek, 57 So. 3d 900 (Fla. 3d DCA 2011)…ertiorari in this Court. After the parties filed their briefs, this Court filed its opinion, granting the Tree Commission’s writ of certiorari and quashing the circuit court’s order granting cer-tiorari. See City of Key West Tree Comm’n v. Havlicek, 20 So. 3d 904 (Fla. 3d DCA 2009). This Court held that the circuit court had no jurisdiction to review an oral order, and found that “[bjased on the [*902] Magistrate’s comments at the hearing, the Magistrate’s view may have been that if the Magistrate conducts ■…