LEONARD BRADY, APPELLANT,
v.
M. R. STIERHEIM, COUNTY MANAGER, DADE COUNTY, FLORIDA, APPELLEE
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Leonard Brady, a Dade County police officer suspended for three days, sought certiorari review of the county manager's decision that reversed a hearing examiner's recommendation to withdraw the suspension. The circuit court denied his petition for certiorari, and Brady appealed that denial, arguing it was improper; the appellate court affirmed the denial based on Brady's failure to comply with procedural requirements.
The circuit court properly denied Brady's petition for certiorari because Brady violated Rule 4.5(c) of the Florida Rules of Appellate Procedure by failing to provide a certified copy of the transcript of proceedings. The denial of certiorari was therefore proper and the circuit court's order is affirmed.
[1] Certiorari review is limited to determining whether reversible error has been demonstrated to have been committed by the lower court.
[2] Failure to provide a certified copy of the transcript of proceedings violates Rule 4.5(c) of the Florida Rules of Appellate Procedure (1962 Revision).
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Join FLexlaw to unlock all legal intelligence“The failure to provide such a transcript violated Rule 4.5(c), and the circuit court properly denied certiorari review.”
Establishes the basis for the circuit court's denial—Brady's failure to comply with procedural requirements regarding the transcript.
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Join FLexlaw to unlock all legal intelligenceLeonard Brady was a Dade County police officer who received a three-day suspension without pay. A hearing examiner recommended that the suspension be …
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HENDRY, Judge.
This appeal is from the circuit court’s denial of appellant’s petition for certiorari. Leonard Brady, a Dade County employee, had received a three-day suspension without pay from his employment as a police officer; a hearing examiner recommended that the suspension be withdrawn but he was later reversed by the county manager, pursuant to Section 2-47, Code of Metropolitan Dade County. Thereafter Brady appealed the county manager’s decision to the Circuit Court of the Eleventh Judicial Circuit by way of a petition for certiorari. Appellant now contends that certiorari review was improperly denied him. We cannot subscribe to such view, and affirm the order. As set down in Morris v. City of Hialeah, 140 So. 2d 615 (Fla. 3d DCA 1962), our scope of review is limited to determining whether reversible error has been demonstrated to have been committed by the circuit court.
We find that it is clear that the circuit court applied the proper law and acted in accordance with established procedure. See also, Jones v. City of Hialeah, 294 So. 2d 686 (Fla. 3d DCA 1974) and Miranda v. City of Miami, 185 So. 2d 498 (Fla. 3d DCA 1966).
The subject petition for certiorari and this appeal were filed prior to March 1, 1978, thus, the 1962 Revision of the Florida Rules of Appellate Procedure governed at the circuit court level and govern in this court currently. Rule 4.5 requires that 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 certiorari 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Morris v. City OF Hialeah, 140 So. 2d 615 (Fla. 3d DCA 1962)
- Jones v. City OF Hialeah, 294 So. 2d 686 (Fla. 3d DCA 1974)
- Aris v. State, 162 So. 2d 670 (Fla. 1st DCA 1964)
- Miranda v. City OF Miami, 185 So. 2d 498 (Fla. 3d DCA 1966)
- McKENZlE v. The Bd. OF Pub. Instruction OF Dade Cnty., 188 So. 2d 683 (Fla. 3d DCA 1966)