SYLVIA CABRERA, APPELLANT,

v.

JULIO LAMAS, APPELLEE

Citator

Cited By

• State of Fla. ex rel. William M. Owra v. Fla. Dep't OF Commerce, 351 So. 2d 769 (Fla. 3d DCA 1977)
  …ous occasions this court has been presented with the identical jurisdictional issue and we determined that the denial of an appeal under similar factual circumstances amounts to a denial of due process. See State ex rel. Martinez v. Fla. Div., etc., 339 So. 2d 313 (Fla. 3d DCA 1976) and Polatnick v. Fla. Dept. of Commerce, 349 So. 2d 203 (Fla. 3d DCA 1977). We find likewise in the ease at bar and hereby treat this cause as a petition for writ of mandamus and hold that petitioner is entitled to the issuance of…
• McDANIEL v. Career Serv. Comm'n, 379 So. 2d 454 (Fla. 1st DCA 1980)
  …r McDaniel should be allowed an appeal at this time and because of the peculiar fact situation presented, we hold that he should. To deny him a hearing on the facts herein would deny him due process. State ex rel. Martinez v. Department of Commerce, 339 So. 2d 313 (Fla. 3d DCA 1976). MILLS, C. J., and McCORD and BOOTH, JJ., concur.…
• Polatnick v. Fla. Dep't of Commerce, 349 So. 2d 203 (Fla. 3d DCA 1977)
  …that it lacked jurisdiction thereupon affirming the decision of the appeals referee. After a consideration of the record, the petition for writ of certiorari, the briefs and oral argument, we conclude that State ex rel. Martinez v. Fla. Div., Etc., 339 So. 2d 313 (Fla.3d DCA 1976) is controlling and hereby treat this cause as a petition for writ of mandamus. We find that the denial of an appeal under the facts of this case as argued by [*205] petitioner Polatnick amounts to a denial of due process. See Arti…

Authorities Cited

• Citizens Nat'l Bank OF Orlando v. Youngblood, 296 So. 2d 92 (Fla. 4th DCA 1974)
• Walker v. Walker, 254 So. 2d 832 (Fla. 1st DCA 1971)
• Pegg v. Bertram, 176 So. 2d 918 (Fla. 3d DCA 1965)