WILLIAM M. PHILLIPS, PETITIONER,
v.
COUNTY OF DADE, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND A. W. BRAFFORD, JR., RESPONDENTS
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The Florida District Court of Appeal, Third District, dismissed a petition for a writ of certiorari, holding that a writ of certiorari is not the proper remedy to review a lower court's denial of a petition for certiorari when the lower court's proceeding was the original judicial review of an administrative decision. An appeal, not certiorari, is the appropriate remedy in such cases.
No, a writ of certiorari is not the proper remedy in this situation. An appeal, not a writ of certiorari, is the appropriate procedural mechanism for reviewing a circuit court's judgment that constitutes the original judicial review of an administrative decision.
“Inasmuch as the proceeding in the circuit court was the original judicial review of an administrative decision, an appeal' would lie from the judgment of the circuit court.”
This quote explains the court's reasoning for why certiorari was not the proper remedy.
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Join FLexlaw to unlock all legal intelligenceWilliam M. Phillips sought to use a railroad caboose on his property but was denied this right by the Dade County Zoning Appeals Board. Phillips then …
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William M. Phillips was denied the claimed right to use a railroad caboose upon his property by the Dade County Zoning Appeals Board. His petition for writ of cer-tiorari filed in the circuit court of Dade County was denied. Thereupon Mr. Phillips filed a petition for writ of certiorari in this court, praying that our writ be issued to the circuit court. We are presented! with a motion to dismiss the petition upon, the ground that a petition for certiorari will not lie to review the denial of a petition for certiorari. Upon hearing, the motion is granted.
Inasmuch as the proceeding in the circuit court was the original judicial review of an administrative decision, an appeal' would lie from the judgment of the circuit court. For this reason petition for writ of certiorari is not an appropriate remedy and! the petition must be dismissed upon authority of State v. Furen, Fla.1960, 118 So.2d 6; Wexler v. Ring, Fla.App.1961, 125 So.2d 883.
It is so ordered.
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Isenberg v. Ortona Park Recreational Ctr., Inc., 160 So. 2d 132 (Fla. 1st DCA 1964)…Purdon v. Cohen, Fla.App., 126 So. 2d 575 (customer tripping over tripod in store — District Court of Appeal, Second District); Sneed v. City of West Palm Beach, Fla.App., 128 So. 2d 166 (condition of street); Hanson v. Shell’s City Inc., Fla.App., 133 So. 2d 573 (defective paving in parking lot. The District Court of Appeal, Third District said: “Even if such testimony warrants the conclusion that the area alleged to be defective would have been visible to Mrs. Hanson had she been looking in that direction…
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United Teachers OF Dade & UTD Towers, Inc. v. Save Brickell Ave., Inc., 378 So. 2d 296 (Fla. 3d DCA 1979)…rman v. Pinellas County, 250 So. 2d 279 (Fla. 2d DCA 1971); City of Treasure Island v. Decker, 174 So. 2d 756 (Fla. 2d DCA 1965); Board of Adjustment of City of Ft. Lauderdale v. Kremer, 139 So. 2d 448 (Fla. 2d DCA 1962); Phillips v. County of Dade, 133 So. 2d 573 (Fla. 3d DCA 1961); Wexler v. Ring, 125 So. 2d 883 (Fla. 3d DCA 1961). It is true, as urged by the appel-lees, that Fla.R.App.P. 9.030(b)(2)(B) provides that a district court of appeal may review by certiorari “final orders of circuit courts acting…
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Bd. OF Adjustment OF City OF Fort Lauderdale v. Kremer, 139 So. 2d 448 (Fla. 2d DCA 1962)…the statutory certiorari provided for in Ch. 176, Fla. Stat., F.S.A., is not the traditional certiorari proceeding but rather an original proceeding de novo. As such it is reviewable in this court by appeal. Phillips v. County of Dade, Fla.App.1961, 133 So. 2d 573; Wexler v. Ring, Fla.App.1961, 125 So. 2d 883; and State v. Furen, Fla.1960, 118 So. 2d 6. We, therefore, find no error in the procedural aspects of this cause. The appellant seeks reversal of the judgment of the circuit court on the theory of hard…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Furen, 118 So. 2d 6 (Fla. 1960)
- Wexler v. Ring, 125 So. 2d 883 (Fla. 3d DCA 1961)