DAYTONA BEACH RACING AND RECREATIONAL FACILITIES DISTRICT ET AL., APPELLANTS,
v.
C. S. PAUL, TAX COLLECTOR FOR VOLUSIA COUNTY, ET AL., APPELLEES
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The Florida Supreme Court determined that it had improvidently invoked appellate jurisdiction in this case and that the District Court of Appeal, First District, had proper jurisdiction. The case was ordered to be transferred to the appropriate appellate court.
The Florida Supreme Court held that it did not have appellate jurisdiction and that the District Court of Appeal, First District, was the proper venue for the appeal.
“Upon further consideration of this matter subsequent to oral argument before this Court on jurisdiction and merits a majority of the Court are of the view that our appellate jurisdiction has been improvidently invoked and that jurisdiction for the determination of the merits of this cause is vested in the District Court of Appeal, First District.”
Establishes the court's reasoning for transferring the case.
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Join FLexlaw to unlock all legal intelligenceThe appellants filed a notice of appeal and other papers with the Florida Supreme Court. Following oral argument, a majority of the Court concluded th…
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Upon further consideration of this matter subsequent to oral argument before this Court on jurisdiction and merits a majority of the Court are of the view that our appellate jurisdiction has been improvidently invoked and that jurisdiction for the determination of the merits of this cause is vested in the District Court of Appeal, First District. It is thereupon
Ordered that the notice of appeal and other papers herein be forthwith transferred by the Clerk of this Court to the Clerk of the District Court of Appeal, First District. The notice of appeal and other papers filed herein shall have the same force and effect as if filed in the District Court of Appeal, First District, and as of the time when filed in this Court.
It is so ordered.
TERRELL, THOMAS, DREW, THORNAL, O’CONNELL and CALDWELL, JJ., concur.
ROBERTS, C. J., dissents.