JOHN W. VOGEL, PETITIONER,
v.
CITY OF CORAL GABLES ET AL., RESPONDENTS
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The appellate court reviewed a city's petition for certiorari after a lower court reversed a conviction for violating a zoning ordinance that prohibited parking a camper vehicle in a backyard.
The appellate court considered whether the zoning ordinance was unconstitutionally vague and arbitrary as applied to the respondent.
William L. Wood was cited for violating a Coral Gables zoning ordinance by parking his camper vehicle in his backyard. He was convicted in municipal c…
The full statement of facts, procedural history, and disposition for this case are member content.
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DEKLE, Justice.
It is brought to our attention for the first time on this rehearing that the record does not reflect the required certification to the IRC by the JIC under IRC Rule 6(b) that appellant (claimant) had failed to make the required deposit for transcript. It was on this sole ground and under this very rule that the IRC dismissed the appeal. The total transcript was in the hands of the IRC at the time of the dismissal and verified by the JIC. Such verification, coupled with an absence of the JIC certification of failure to make the deposit for transcript present inconsistent actions calculated to lull a petitioner into concluding that all was well on the transcript.
There had been a petition of insolvency, during the pendency of which the deposit was tolled by the express provision of IRC Rule 6(c). Claimant was partially successful in being required to pay only a portion of the cost of transcript. It is clear that an indigent claimant may not be precluded from an appeal solely by reason of his indigency. Honeywell, Inc. v. Haley, 216 So. 2d 745 (Fla.1968).
Since the question of insolvency is now resolved, upon prompt payment by the claimant of his share of the costs, the review should proceed on the record in the hands of the IRC.
We do not by this ruling recede from this Court’s consistent holding requiring compliance with the rule1 but we also point to the underlying justice in an application under peculiar circumstances such as these, as we have said in regard to the JIC’s discretion with respect to IRC Rule 3, “where a valid special cause is shown for relaxation of the strict 90-day provision in which to conclude testimony.” 2 The writ of certiorari is accordingly granted without argument and the cause is remanded to proceed with the review upon the commission granting such extension of time as shall now reasonably he required for briefs and any oral argument permitted in the matter. It is so ordered.
ADKINS, C. J., and ERVIN, BOYD, McCAIN and OVERTON, JJ., concur. ROBERTS, J., concurs in judgment only.
. Gen. Accid. Group v. Lieber, 146 So. 2d 896 (Fla.1962); McKinney v. Deel Motors, Inc., 6 F.C.R. 27 (1965), cert. den. 184 So. 2d 644 (Fla.1966).
. Tropicana Products, Inc. v. Parrish, 293 So. 2d 683 (Fla.1974); Smith v. Kikilis Florist, 290 So. 2d 22 (Fla.1974); Maysles v. May, 251 So. 2d 251 (Fla.1971).
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Citator
Cited By
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Special Disability Tr. Fund v. Nelson's Florist, 301 So. 2d 761 (Fla. 1974)…DEKLE, Justice. This is another dismissal of an appeal by the IRC for failure to deposit cost of transcript in compliance with IRC Rule 6(b) (now Rule 23). See Vogel v. City of Coral Gables, Fla., 298 So. 2d 389, filed July 26, 1974. Again we recognize the requirements of the rule which should be upheld but in the present instance the JIC had expressly relieved the appellant of the deposit requirement in writing upon good cause shown. Accordingly, there i…
Authorities Cited
- Gen. Accident Grp. v. Lieber, 146 So. 2d 896 (Fla. 1962)
- Honeywell, Inc. v. Florence L. Haley & the Fla. Indus. Comm'n, 216 So. 2d 745 (Fla. 1968)
- Maysles v. MAY, 251 So. 2d 251 (Fla. 1971)
- Smith v. Kikilis Florist, 290 So. 2d 22 (Fla. 1974)
- Tropicana Prods., Inc. v. Parrish, 293 So. 2d 683 (Fla. 1974)
- McKINNEY v. Deel Motors, Inc., 184 So. 2d 644 (Fla. 1966)
- Gilbert v. Fla. Indus. Comm'n, 184 So. 2d 644 (Fla. 1966)