THURMAN DALLAS METCALF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1964-06-12
No. 4732
SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.
165 So. 2d 227 Florida District Court of Appeal, Second District (1964) Caution
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed for the reasons stated in Dias v. State, Fla.App.1963, 158 So.2d 766, without prejudice as stated in Turner v. State, Fla.App.1964, 161 So.2d 11.

SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.


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  • Coral Reef Nurseries, Inc. v. The Babcock Co., 410 So. 2d 648 (Fla. 3d DCA 1982)
    …ers such as that involved in the present case has quite clearly been recognized as quasi-judicial. Centex Homes Corp. v. Metropolitan Dade County, 318 So. 2d 149 (Fla.3d DCA 1975); Baker v. Metropolitan Dade County, supra; Dade County v. Carmichael, 165 So. 2d 227 (Fla.3d DCA 1964). That being the case, the doctrine of administrative res judicata applies. B. The Circuit Court ruled that the doctrine of administrative res judicata was inapplicable on the separate ground that Section 33-304(a), Code of Metrop…
  • …w, § 181 (1955). In the case of appellate review of administrative decisions by statutory certiorari, the “review” is sometimes even broader and may be, as was the case with Chapter 176, “in the nature of a trial de novo”. Dade County v. Carmichael, 165 So. 2d 227, 229 (3rd DCA Fla.1964). [*831] Finally, common law certiorari will only lie to review judicial or quasi-judicial action, Kilgore v. Bird, 149 Fla. 570, 6 So. 2d 541, 544 (1942); 2 Yokley, Zoning Law and Practice, § 18-8, at 378 (1965), never purely…
  • Dade Cnty. v. Marca, 326 So. 2d 183 (Fla. 1976)
    …he District Court of Appeal, Third District, reported at 304 So. 2d 461 (Fla.App.3, 1974), which purportedly conflicts with DeGroot v. Sheffield, 95 So. 2d 912 (Fla.1957), Bloomfield v. Mayo, 119 So. 2d 417 (Fla.App.1960), Dade County v. Carmichael, 165 So. 2d 227 (Fla.App.1964), and Metropolitan Dade County v. Jennings Construction Co., 196 So. 2d 33 (Fla.App.1967). We have jurisdiction pursuant to Article V, Section 3(b)(3), Constitution of Florida. The factual situation and questions of law appear in the…

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