LESLIE
v.
MAURER CONST. CO. ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court dismissed an appeal from a circuit court judgment that had affirmed a civil court judgment, holding that the appellant failed to comply with statutory requirements for either an appeal or a petition for certiorari.
The appeal was dismissed because the appellant failed to comply with statutory procedures and rules governing either appeals or petitions for certiorari. The record did not show any departure from essential legal requirements that would justify the Court's intervention.
“It appears that the statute has been completely ignored as no attempt is made to comply with the terms of the statute and rules with reference to certiorari.”
Establishes that the appellant failed to follow statutory procedures for proper review
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA judgment was rendered in the Civil Court of Record. The appellant appealed to the Circuit Court acting as an appellate court, which affirmed the jud…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Certiorari cases and more on FLexlaw
MATHEWS, Justice.
This case is labeled “An Appeal from the Circuit Court in and for Dade County, Florida” and is from an order of said Court acting as an Appellate Court wherein a judgment of the Civil Court of Record was affirmed.
The statute provides for an appeal from the Civil Court of Record to the Circuit Court as an appellate court, F.S. Section 33.11, F.S.A. and provides for certiorari to this Court when the Circuit Court has rendered a judgment in any case appealed from the Civil Court of Record. F.S. Section 33.12, F.S.A. It appears that the statute has been completely ignored as no attempt is made to comply with the terms of the. statute and rules with reference to certiorari. It further appears that the appellant is attempting to have two appeals instead of one.
Even if we could treat the so-called appeal as a petition for writ of certiorari, the record wholly fails to show that there has been any departure from the essential requirements of the law. Ross v. Calamia, 153 Fla. 151, 13 So. 2d 916, and Terry v. Ferreria, Fla., 51 So. 2d 426.
The appeal should be, and is hereby, dismissed sua sponte.
ROBERTS, C. J., and TERRELL and SEBRING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hambia Bauer and Hamilton A. Bauer v. Thompson & McKINNON, 79 So. 2d 677 (Fla. 1955)…final judgment so entered but he did so by appeal instead of petition for certiorari. Such procedure is unauthorized by statute or decision of this Court. See Section 33.12, Florida Statutes 1951 and F.S.A.; Leslie v. Maurer Construction Co., Fla., 67 So. 2d 426. The appeal is dismissed ex mero motu. MATHEWS, C. J., and THOMAS, HOBSON, ROBERTS and DREW, JJ., concur.…
-
Curry U-Drive IT, Inc. v. Ross, 89 So. 2d 796 (Fla. 1956)…rief of an appendix. It is well settled that an appeal may not be taken to the Supreme Court from a judgment of a circuit court rendered in a case appealed to the circuit court from a civil court of record. Leslie v. Maurer Construction Co., Fla., 67 So. 2d 426. F.S.A. Sections 33.11, 33.12. Such a cause may only be brought to this Court by common law certiorari, which writ does not authorize a review of the circuit court’s judgment as on appeal, since the Constitution gave the circuit court final appellat…
Authorities Cited
- Int'l Paper Co. v. Brown, 153 Fla. 151 (Fla. 1943)
- Ross v. Calamia, 153 Fla. 151 (Fla. 1943)