CITY OF MIAMI, PETITIONER,
v.
IRVING BERMAN AND CAROL FORBES, RESPONDENTS
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The court held that the circuit court's determination regarding the city's authority to revoke licenses was unnecessary to its decision and therefore quashed that portion of the judgment.
The City of Miami petitioned for certiorari to review a circuit court order that affirmed and reversed convictions from municipal court. The circuit c…
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The City of Miami brought a petition for writ of certiorari to review an¡ order of the circuit court, which order affirmed certain convictions and reversed certain convictions of respondents in the municipal court of petitioner city. These convictions were upon separate charges and were of each respondent individually, but all the charges had been tried together by stipulation. Upon petition for certiorari to review an order of the circuit court, made in the exercise of its appellate jurisdiction, we are confined to the scope of common law certiorari. State v. Katz, Fla.App.1959, 108 So.2d 60.
The petitioner urges that the circuit court did not proceed according to essential requirements of law when it held certain docket entries insufficient. The record' presented fails to establish such a departure.
However, having determined that no sufficient charge was pending it was unnecessary for the court to proceed further upon matters raised by those charges, therefore, that portion of the opinion and judgment which holds that the city was without authority to order a revocation of certain licenses was unnecessary to a decision of the-appeal and is therefore quashed.
*446Writ granted and judgment of circuit court affirmed in part and reversed in part.
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
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City of Miami v. Berman, 136 So. 2d 343 (Fla. 1961)…Appeal dismissed without opinion. 129 So. 2d 445.…
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Schwartz v. State, 920 So. 2d 664 (Fla. 3d DCA 2005)…We do observe, however, that the portion of the Circuit Court’s opinion holding that an administrative hearing officer has no authority to determine the validity of a traffic stop leading up to a DUI arrest is incorrect. See City of Miami v. Berman, 129 So. 2d 445 (Fla.App.1961). The facts in this case are undisputed. Schwartz was stopped at 12:04 a.m. at 17th Street and Washington Avenue on Miami Beach after a Miami Beach police officer observed Schwartz “driving [a] 2003 Mercedez Benz SL 500 convertible ..…
Authorities Cited
- State v. Katz, 108 So. 2d 60 (Fla. 3d DCA 1959)