CYNTHIA MCKENZLE, APPELLANT,
v.
THE BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, FLORIDA, APPELLEE
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The appellate court affirmed the dismissal of a petition for a writ of certiorari because the petitioner failed to include a certified transcript of the record and a supporting brief, which are required by court rules.
No, the circuit court did not err in dismissing the petition because the petitioner failed to comply with the mandatory requirements of the Florida Appellate Rules regarding the submission of a certified transcript and a supporting brief.
“Unless otherwise oi'dered by the court, a petition for writ of certiorari shall be accompanied by a certified transcript of the recox'd of the proceedings to be reviewed. It shall also be accompanied by a supporting brief.”
Establishes the mandatory requirements for filing a petition for writ of certiorari under the Florida Appellate Rules.
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Join FLexlaw to unlock all legal intelligenceCynthia McKenzie petitioned for a writ of certiorari to review an administrative decision by the Board of Public Instruction. Her petition was filed i…
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The petitioner, Cynthia McKenzie, filed a petition for writ of certiorari in the circuit court on September 9, 1965 to review the findings and decision of the hearing ■examiner in an administrative hearing of Tthe Board of Public Instruction of Dade County, Florida held on April 20, 1965 and April 28, 1965, entered in the record of transcript bearing the date of May 4, 1965; and to review the affirmation of said findings and decision by the Board of Public Instruction in the course of their regular business meeting of July 7, 1965.
¿The petition was not accompanied by a certified transcript of the record of the proceedings to be reviewed nor by a supporting brief.
The respondent moved to dismiss the petition on the. grounds that the petition was not timely, that the petition was not accompanied by a certified transcript nor a supporting brief, and that the directions to the clerk were not timely.
Unless otherwise oi'dered by the court, a petition for writ of certiorari shall be accompanied by a certified transcript of the recox'd of the proceedings to be reviewed. It shall also be accompanied by a supporting brief. Rule 4.5(c) (1) F.A.R., 31 F.S.A. The petition herein did not meet those requirements. Thus, the court below did not err in dismissing the petition. Aris v. State, Fla.App.1964, 162 So.2d 670.
The order dismissing the petition for writ of certiorari is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brady v. Stierheim, 377 So. 2d 1004 (Fla. 3d DCA 1979)…hat appellant provide a certified copy of the transcript of proceedings. The failure to provide such a transcript violated Rule 4.5(c), and the circuit court properly denied certio-rari review. McKenzie v. Board of Public Instruction of Dade County, 188 So. 2d 683 (Fla. 3d DCA 1966) and Aris v. State, 162 So. 2d 670 (Fla. 1st DCA 1964). Accordingly, the order dismissing the petition for writ of certiorari is affirmed.…
Authorities Cited
- Aris v. State, 162 So. 2d 670 (Fla. 1st DCA 1964)