CITY OF MIAMI BEACH, FLORIDA, ET AL., APPELLANTS,
v.
STATE EX REL. FONTAINEBLEAU HOTEL CORPORATION, APPELLEE; CITY OF MIAMI BEACH, FLORIDA, ET AL., PETITIONERS, V. STATE EX REL. FONTAINEBLEAU HOTEL CORPORATION, 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 Florida Supreme Court dismissed an appeal and denied a petition for certiorari from a District Court of Appeal decision in a dispute between the City of Miami Beach and the Fontainebleau Hotel Corporation. The Court lacked jurisdiction over the appeal because the District Court had not initially passed upon the validity of any state statute, and the certiorari petition failed because the District Court's decision was not in direct conflict with prior decisions of the Supreme Court or other district courts.
The Court held that it lacks jurisdiction over the appeal because the District Court of Appeal did not initially pass upon the validity of any state statute as required by the Florida Constitution. The Court also held that the certiorari petition should be denied because the District Court's decision was not in direct conflict with any decision of the Supreme Court or other District Court of Appeal.
“from decisions initially passing upon the validity of a state statute”
Establishes the jurisdictional requirement for appeals as a matter of right to the Supreme Court under the Florida Constitution
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe City of Miami Beach appealed a District Court of Appeal decision rendered on January 29, 1959, in a case involving the Fontainebleau Hotel Corpora…
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 Constitutional Jurisdiction cases and more on FLexlaw
By special order of this Court these causes were consolidated for oral argument and have now been duly argued before this Court.
The appeal is taken from and the petition for certiorari is directed to the opinion and judgment of the District Court of Appeal, Third District, filed January 29, 1959, the appeal having been prosecuted from said opinion and judgment under the provisions of Section 4(2) of Article V of the Florida Constitution, F.S.A., providing that an appeal may be taken to this Court as a matter of right “from decisions initially passing upon the validity of a state statute.” Certiorari is taken from said opinion of the District Court under the provisions of the foregoing Article providing that this Court “may review by certiorari any decision of the district court of appeal that * * * is in direct conflict with the decision of another district court of appeal or of the supreme court on the same point of law.” The petition for certiorari sets out certain decisions of this Court with which, it is alleged, the subject decision of the District Court of Appeal is in direct conflict.
Upon consideration of the matter and an examination of the record and briefs in said causes, we fail to find that the subject decision of the District Court of Appeal initially passed upon the validity of any of the statutes and that, therefore, this Court is without jurisdiction to entertain the appeal and the same is hereby dismissed ex mero motu.
We have also carefully examined the petition for writ of certiorari and the transcript of records and briefs in said causes to review the said order of the District Court of Appeal of the Third District, filed January 29, 1959, and the record having been inspected and the Court finding that said decision is not in direct conflict with any decision of this Court or with any other District Court of Appeal, *439It is ordered that said petition for cer-tiorari be and the same is hereby denied.
It is further ordered that if any of the parties to either the appeal or the petition for certiorari desires to file a petition for rehearing in this cause, the same shall be filed in this Court on or before 5 :00 o’clock p. m., Wednesday, May 6, 1959.
TERRELL, C. J., and THOMAS, HOBSON, ROBERTS and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Couse v. The Canal Auth. of the State of Fla., 209 So. 2d 865 (Fla. 1968)…. United States v. United States Dist. Ct. for Southern Dist. of N. Y., 1947, 334 U.S. 258, 263, 68 S.Ct. 1035, 92 L.Ed. 1351. Other cases cited in City of Miami Beach v. State ex rel. Fontainebleau Hotel Corp., Fla.App., 109 So. 2d 599, cert. den. 111 So. 2d 437. . Note 1 supra. . State Road Dept. v. Forehand, Fla. 1952, 56 So. 2d 901; State v. Wingfield, Fla.App.1958, 101 So. 2d 184.…
-
Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc., 114 So. 2d 357 (Fla. 3d DCA 1959)…xpressed here as to the validity of such an ordinance, if one should be enacted pursuant to the requirements of law. Cf. City of Miami Beach v. State ex rel. Fontainebleau Hotel Corp., Fla.App. 1959, 108 So. 2d 614, 619; certiorari denied, Fla.1959, 111 So. 2d 437.) But to change the universal rule — and the custom followed in this state since its inception — that adjoining landowners have an equal right under the law to build to the line of their respective tracts and to such a height as is desired by them (…
-
Wiley Webb v. Town Council OF Town OF Hilliard, 766 So. 2d 1241 (Fla. 1st DCA 2000)…relief is appropriate to contest a zoning measure adopted without the notice and public hearing required for all zoning ordinances. See City of Miami Beach v. State ex rel. Fontainebleau Hotel Corp., 108 So. 2d 614, 619 (Fla. 3d DCA), cert. denied, 111 So. 2d 437 (Fla.1959). See also City of St. Petersburg v. Schweitzer, 297 So. 2d 74, 76 (Fla. 2d DCA 1974), cert. denied, 308 So. 2d 114 (Fla.1975). [*1244] Under Florida law, ordinances which substantially affect the use of land must comply strictly with the…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Miami Beach v. State of Fla. ex rel. Fontainebleau Hotel Corp., 109 So. 2d 599 (Fla. 3d DCA 1959)