RUSSELL ZIERS, PETITIONER,
v.
E. WILSON PURDY, DIRECTOR, DADE COUNTY PUBLIC SAFETY DEPARTMENT, ET AL., RESPONDENTS
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The court dismissed the petition for certiorari and denied the application for supersedeas.
The petitioner filed a petition for certiorari and an application for supersedeas regarding an administrative action. The petition failed to include a…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
The petitioner has filed a petition for certiorari to review an administrative action by the respondents. He has also filed an application for supersedeas.
The petition for writ of certiorari filed herein pursuant to § 120.68, Fla.Stat., fails to conform to the applicable Florida Appellate Rules in that it fails to file, along with the petition, a petitioner’s brief or a record of the proceedings before the appeals examiner as required by Rule 4.5, subd. c(l), F.A.R. Therefore, this court, pursuant to Rule 3.17, is empowered to dismiss the petition for failure to comply with the applicable Florida Appellate Rules.
As to the application for superse-deas, § 120.68(3), Fla.Stat. provides a stay may be granted by the agency or by the reviewing court. Therefore, pursuant to Rule 5.5, F.A.R., it would be proper to deny this application without prejudice to apply to the administrative agency for su-persedeas. It is therefore
Ordered and adjudged that the applica. tion for supersedeas is denied and the petition for certiorari is dismissed.
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Panama City v. The Fla. Pub. Emps. Relations Comm'n, 333 So. 2d 470 (Fla. 1st DCA 1976)…action. A stay may be granted by the agency or by the court upon appropriate terms. Section 120.68(3), Florida Statutes. Therefore, pursuant to Rule 5.5, Florida Appellate Rules, the movant should apply to the agency for supersedeas. Ziers v. Purdy, 324 So. 2d 132 (Fla.App.3d, 1975). It is, therefore, ordered and adjudged that the petition for review is dismissed, and the stay of the election is dissolved. McCORD, Acting C. J., and SMITH, J., concur.…
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Trombley v. Fla. Real Est. Comm'n, 356 So. 2d 813 (Fla. 4th DCA 1977)…t, terms and conditions of a supersedeas bond. Generally the district courts of appeal have required one seeking to stay a final agency order to first apply to the agency for a supersedeas before applying to the reviewing court. See Ziers v. Purdy, 324 So. 2d 132 (Fla.3d DCA 1975); Panama City v. The Florida Public Employees Relations Commission, 333 So. 2d 470 (Fla.1st DCA 1976). We believe this to be the better procedure because the agency is in a better position to determine, at least initially, whether i…