ROBERT JOSHUA, PETITIONER,
v.
CITY OF FORT LAUDERDALE, RESPONDENT
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Robert Joshua seeks writs of prohibition and certiorari to prevent a trial court from proceeding in a civil forfeiture action brought by the City of Fort Lauderdale and to recover his seized property. The appellate court affirms the trial court's order denying Joshua's motion to dismiss the forfeiture complaint.
The appellate court affirms the trial court's order denying Joshua's motion to dismiss the civil forfeiture complaint. The court declines to recognize Joshua's voluntary dismissal of his first petition for writ of certiorari, denies his second petition for writ of certiorari, and denies the City's motion to strike.
[1] An appellate court has discretion to retain jurisdiction and render a decision on the merits of a case notwithstanding the filing of a notice of voluntary dismissal.
[2] A voluntary dismissal of a petition for writ of certiorari does not preclude an appellate court from considering a subsequent petition for writ of certiorari filed under…
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Join FLexlaw to unlock all legal intelligence“we affirm the trial court's February 20, 2017 order denying the Petitioner's motion to dismiss the City's civil forfeiture complaint”
States the core holding that the trial court's denial of the motion to dismiss is affirmed on appeal.
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Join FLexlaw to unlock all legal intelligenceThe City of Fort Lauderdale filed a civil forfeiture action against Robert Joshua in case no. 11-20057(25) in the 17th Judicial Circuit in Broward Cou…
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Petitioner Robert W. Joshua (“Petitioner”) seeks a writ of prohibition to prevent the trial court from proceeding in the underlying forfeiture action between the City of Ft. Lauderdale (“City”) and Petitioner, *164case no. 11-20057(25), filed in the 17th Judicial Circuit in and for Broward County, Florida, and for return.of his seized property.1 We decline to recognize the Petitioner’s voluntary dismissal of his first filed petition for writ of certiorari in case no. 4D17-968;2 we deny Petitioner’s second petition for writ of certiorari filed by Petitioner under that same case number shortly after filing the voluntary dismissal of his first petition; we deny the City’s motion to strike; and we affirm the trial court’s February 20, 2017 order denying the Petitioner’s motion to dismiss the City’s civil forfeiture complaint, case no. 11-20057(25), filed in the 17th Judicial.Circuit in and for Broward County, Florida. See DeGregorio v. Balkwill, 853 So.2d 371 (Fla. 2003); Hernandez v. Kissimmee Police Dep’t, 901 So.2d 420, 422 (Fla. 5th DCA 2005); Alvarez v. City of Plantation, 824 So.2d 339 (Fla. 4th DCA 2002); cf. Hamilton Cty. Bd. of Cty. Comm’rs v. State Dep’t of Envtl. Regulation, 587 So.2d 1378, 1390 (Fla. 1st DCA 1991) (noting statute seemingly mandatory in terms because of the use of the word “shall,” is designed simply to further the orderly conduct of business, and the provision is generally deemed directory only).
Salter and Fernandez, Associate Judges, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Schopp, 653 So. 2d 1016 (Fla. 1995)
- DeGREGORIO v. Balkwill, 853 So. 2d 371 (Fla. 2003)
- Hamilton Cnty. Bd. of Cnty. Comm'rs v. State of Fla. Dep't OF Env't Reg., 587 So. 2d 1378 (Fla. 1st DCA 1991)
- Hernandez v. Kissimmee Police Dep't, 901 So. 2d 420 (Fla. 5th DCA 2005)
- Alvarez v. City OF Plantation, 824 So. 2d 339 (Fla. 4th DCA 2002)