Allstate Van Lines Corp. v. Palmerio, 76--431

Citation334 So.2d 280
Decision Date11 June 1976
Docket NumberNo. 76--431,76--431
PartiesALLSTATE VAN LINES CORP., Petitioner, v. Imogene PALMERIO and Anthony Palmerio, Respondents.
CourtCourt of Appeal of Florida (US)

Philip S. Vova, North Miami, for petitioner.

No appearance for respondents.

PER CURIAM.

Allstate Van Lines Corporation seeks a writ of certiorari to review a circuit court judgment affirming a county court judgment entered in favor of Mr. and Mrs. Palmerio.

We conclude that this petition must be dismissed for two reasons. First, petitioner has not supplied this court with any record aside from the circuit court judgment of affirmance and order denying a petition for rehearing and the appellant's brief petitioner filed below. Such a 'record' is inadequate to demonstrate any error in the judgment of the circuit court.

Second, the brief petitioner filed in support of its petition in this court is substantially identical to the appellant's brief it filed in the circuit court. It is therefore clear that petitioner is seeking to take a second appeal from the county court judgment. This it may not do. Nation v. State, 155 Fla. 858, 22 So.2d 219 (1945).

Accordingly, the petition for writ of certiorari is hereby dismissed.

MAGER, DOWNEY and ALDERMAN, JJ., concur.

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1 cases
  • State Farm Mut. Auto. Ins. Co. v. Sharp, 94-02453
    • United States
    • Florida District Court of Appeals
    • 14 Diciembre 1994
    ...court deviated from the essential requirements of the law in ordering production of other documents. See Allstate Van Lines Corp. v. Palmerio, 334 So.2d 280 (Fla. 4th DCA 1976). Certiorari granted in part and denied in DANAHY, A.C.J., and PARKER and LAZZARA, JJ., concur. ...

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