MURIEL BERLIN, PETITIONER,
v.
BENJAMIN BERLIN, RESPONDENT
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The Florida Supreme Court vacated its prior dismissal of a petition for certiorari due to an administrative error in the Clerk's office, allowing the case to proceed.
Yes, the dismissal should be vacated because the petitioner did not cause the delay, and the court should consider the merits of the petition.
“The order of this Court dated October 18, 1965 dismissing the petition for certiorari herein sua sponte because of petitioner's failure to file a record within the time allowed by previous order of this Court is hereby vacated, set aside and held to be naught and this cause will be in due course considered by the Court on the petition for writ of certiorari and the accompanying record and briefs.”
This quote establishes the court's decision to undo its previous dismissal and allow the case to proceed.
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Join FLexlaw to unlock all legal intelligenceThe Florida Supreme Court had dismissed a petition for certiorari because the petitioner failed to file the record within the time allowed by a previo…
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The order of this Court dated October 18, 1965 dismissing the petition for certiorari herein sua sponte because of petitioner’s failure to file a record within the time allowed by previous order of this Court is hereby vacated, set aside and held for naught and this cause will be in due course considered by the Court on the petition for writ of certiorari and the accompanying record and briefs.
On consideration of the petition for review filed by the respondent, the Court has determined that, due to an error in the Clerk’s office, the record in this cause which was received by the Clerk July 13, 1965 within the time allowed by the previous Court order was docketed and filed in the wrong file.
It is so ordered.
THORNAL, C. J., and THOMAS, DREW, O’CONNELL and CALDWELL, JJ., concur.
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Pearl v. David & Dash, Inc., 209 So. 2d 674 (Fla. 1968)…Certiorari dismissed without opinion. 179 So. 2d 347.…