BARNEY MCCREARY AND BETTY MCCREARY, HIS WIFE, ET AL., APPELLANTS,
v.
METROPOLITAN DADE COUNTY (NOT A MUNICIPAL CORPORATION), A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND HOWARD SCHARLIN, APPELLEES

Fla. 3d DCA | 1962-09-18
No. 62-6
Before PEARSON, TILLMAN, C. J., and HORTON and BARKDULL, JJ.
144 So. 2d 337 Florida District Court of Appeal, Third District (1962) Positive Treatment
Cited by 4 cases
Opinion of the Court
BARKDULL, Judge.

*338BARKDULL, Judge.

The appellants, as petitioners in the trial court, sought a “writ of certiorari and other relief” to review a certain rezoning resolution adopted by Dade County upon application of the appellee, Howard Scharlin. The petition was not accompanied by a record of the proceedings which resulted in the adoption of the resolution, in accordance with Florida Appellate Rule 4.5(c), 31 F.S.A. Therefore, the trial judge correctly entered a final order dismissing the petition for certiorari. See: Ex parte Jones, 92 Fla. 1015, 110 So. 532; Connolly v. Connolly, Fla. 1956, 86 So.2d 167; 5 Fla.Jur., Cer-tiorari, § 22.

Affirmed.

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Cited By

  • Edelstein v. Dade Cnty., 171 So. 2d 611 (Fla. 3d DCA 1965)
    …from residential use to business use. Objectors to this previous rezoning brought two separate actions which proved of no avail. Kelly v. Metropolitan Dade County, Fla.App.1961, 129 So. 2d 714, and McCreary v. Metropolitan Dade County, Fla.App.1962, 144 So. 2d 337. Subsequently, the appellant purchased the property. Thereafter, the County Planning Department recommended that the property should again be rezoned for residential use. This was done in an attempt to bring it into compliance with overall general…
  • Sunset Islands 3 & 4 Ass'n v. City OF Miami Beach, 214 So. 2d 45 (Fla. 3d DCA 1968)
    …e Board violated the command of Rule 4.5, subd. c(l), Florida Appellate Rules, 32 F.S.A., that a petition for writ of certiorari be accompanied by a record of the proceedings sought to be reviewed. McCreary v. Metropolitan Dade County, Fla.App.1962, 144 So. 2d 337. Appellants wrongly rely upon Josephson v. Autrey, Fla.1957, 96 So. 2d 784, as authority for the proposition that the writ of cer-tiorari mentioned in § 176.16 is different from the usual writ of certiorari so that no record is necessary. Section 17…

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