DARRELL W. ROBINSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A petition for certiorari will be denied where the record does not establish with certainty that the lower court exceeded its jurisdiction or deviated from the essential requirements of law.
“Our review is limited to a determination from the record before us whether the lower court has exceeded its jurisdiction or has otherwise deviated from the essential requirements of law.”
The court stated the standard for certiorari review, citing Mitchell v. City of Fort Lauderdale.
Robinson petitioned for certiorari to review a circuit court order that reversed a county court's grant of his motion to suppress.…
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BOARDMAN, Acting Chief Judge.
A petition for writ of certiorari was timely filed by petitioner, Darrell W. Robinson, for review of an order of the Sixth Judicial Circuit Court of Pinellas County, acting in its appellate capacity, in which the court reversed an order of the county court granting petitioner’s motion to suppress. [*28] A consideration of the record before us, in the light of the applicable rules of procedure and case law, leads us to the conclusion that certiorari should be denied. In cases such as the one before us, we agree with the ruling of the court in Mitchell v. City of Fort Lauderdale, Fla.App. 4th, 1971, 254 So. 2d 824, wherein that court stated:
. Our review is limited to a determination from the record before us whether the lower court has exceeded its jurisdiction or has otherwise deviated from the essential requirements of law.
We cannot ascertain, with the certainty required, from the record here that the circuit court either exceeded its jurisdiction or deviated from the essential requirements of law.
For the above reasons we find, therefore, that there is no ground for review by certiorari.
Certiorari denied.
GRIMES and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. McINTYRE, 393 So. 2d 16 (Fla. 2d DCA 1980)…nk legal error on the part of the lower [county] court must first be demonstrated and that such error must be of such magnitude that the aggrieved party has effectively been denied his day in court. 347 So. 2d at 840-41. See also Robinson v. State, 310 So. 2d 27 (Fla. 2d DCA 1975). In essence, it seems to be a question of degree. To grant certiorari, the error committed by the court below in its appellate capacity must have been so egregious as to be equivalent to the denial of fundamental rights. In this…
Authorities Cited
- Mitchell v. City OF Fort Lauderdale, 254 So. 2d 824 (Fla. 4th DCA 1971)