CITY OF MIAMI, PETITIONER,
v.
JAMES D. BELL, RESPONDENT
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Respondent was found guilty of violating a municipal ordinance. On appeal to the Circuit Court the judgment of the trial court was reversed. Petitioner now seeks a writ of certiorari quashing the judgment of reversal rendered by the lower court on the ground that said court departed from the essential requirements of law when it substituted its judgment on controverted questions of fact for that of the trial court.
Review of the record herein establishes that there was sufficient evidentiary basis for the trial court’s finding of guilt. As stated by this court in City of Miami v. Mason, Fla.App.1971, 246 So.2d 591, it is not within the purview of an appellate court to retry controverted factual issues of fact and to do so constitutes a departure from the essential requirements of law.
Accordingly, the petition for certiorari is granted and the opinion and judgment of the circuit court is quashed and the cause remanded with directions to affirm the decision of the Municipal Court of Miami.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bell v. City OF Miami, 287 So. 2d 683 (Fla. 1973)…Certiorari denied. 281 So. 2d 540. ADKINS, BOYD, McCAIN and DEKLE, JJ., concur. ERVIN, Acting C. J., dissents.…
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State v. DeFILIPPO, 320 So. 2d 15 (Fla. 4th DCA 1975)…in a wrong rule of law being applied, such action constitutes a departure from the essential requirements of law reviewable by certiorari. State Beverage Department v. Ernal, Inc., Fla.App. 1959, 115 So. 2d 566; City of Miami v. Bell, Fla.App.1973, 281 So. 2d 540. Although the evidence in the instant case was largely circumstantial, a review of the record reflects that such evidence was consistent with the guilt of the accused and inconsistent with every reasonable hypothesis of innocence. Duran v. State, Fl…
Authorities Cited
- Nesbit v. State, 246 So. 2d 591 (Fla. 1st DCA 1971)
- City OF Miami v. Rosalind Mason, 246 So. 2d 591 (Fla. 3d DCA 1971)