CAROL CITY UTILITIES, INC., A FLORIDA CORPORATION, PETITIONER,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ET AL., AND THE BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, RESPONDENTS
We issued a writ of certiorari on the basis of a petition therefor which made a prima facie showing of jurisdiction. After consideration of briefs and oral arguments, we have concluded that the writ was improvidently issued. We have concluded that there is no jurisdictional conflict between the decision of the District Court of Appeal, 143 So.2d 828, and the prior decision of this Court in City of Miami Beach v. Perell, Fla., 52 So.2d 906. See also Frix v. Beck, Fla.App., 104 So.2d 81; Bloomfield v. Mayo, Fla.App., 119 So.2d 417; Teston v. City of Tampa, Fla., 143 So.2d 473. Accordingly the writ is discharged.
It is so ordered.
ROBERTS, C. J., and TERRELL, THOMAS, DREW and THORNAL, JJ., concur.
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State of Fla. ex rel. Dep't OF Gen. Servs. v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977)…asi-judicial agency action. Declaratory relief was held “not a substitute” for certiorari, the “sole remedy” for review of quasi-judicial administrative action. Carol City Util., Inc. v. Dade Co., 143 So. 2d 828, 829 (Fla.3d DCA 1962), cert. disch., 152 So. 2d 462 (Fla.1963). . Charbonier required the Division of Beverage of the Department of Business Regulation to conduct a judicial-type hearing before making an “executive decision” in a license revocation proceeding. 282 So. 2d at 172. Although support for…
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The Sch. Bd. OF Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977)…ase began prior to the passage of § 120.30 which section was never discussed by the court. . City of Miami v. Eldredge, 126 So. 2d 169 (Fla. 3rd DCA 1961); Carol City Utilities, Inc. v. Dade County, 143 So. 2d 828 (Fla. 3rd DCA 1962), cert. disch., 152 So. 2d 462 (Fla.1963). In the latter case, the Third District noted that certiorari was the sole remedy available, and there was no question of the exhaustion of [*566] administrative remedies. Accord, School Board of Flagler County v. Hauser, 293 So. 2d 681 (…
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Westwood Lake, Inc. v. Dade Cnty., 264 So. 2d 7 (Fla. 1972)…v. Davis, 123 So. 2d 377 (1st DCA Fla.1960), on the same points of law. We have jurisdiction under Fla.Const. art. V, § 4, F.S.A. Dade County suggests that Carol City Utilities Inc. v. Dade County, 143 So. 2d 828 (3d DCA Fla.1962), cert. dischg’d, 152 So. 2d 462 (Fla.1963), prohibits a declaratory judgment action in the case sub judice. That decision applies where there is an outstanding rate order before a court for review. In the instant case, there is no such rate order. It is correct that the Board ente…
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
- Bloomfield v. Mayo, 119 So. 2d 417 (Fla. 1st DCA 1960)
- Teston v. The City OF Tampa, 143 So. 2d 473 (Fla. 1962)
- Frix v. Beck, 104 So. 2d 81 (Fla. 3d DCA 1958)
- Carol City Utils., Inc. v. Dade Cnty., 143 So. 2d 828 (Fla. 3d DCA 1962)
- City of Miami Beach v. Perell, 52 So.2d 906 (Fla. 1951)