Collier v. City of Homestead
| Decision Date | 21 September 1955 |
| Citation | 81 So.2d 201 |
| Parties | Hobson COLLIER and Louise Collier, his wife, and Hobson C. King and Blonnie B. King, his wife, Petitioners, v. CITY OF HOMESTEAD, a municipal corporation, Respondent. |
| Court | Florida Supreme Court |
Joseph Pardo, Miami, for petitioners.
Turner & Hodson, Homestead, for respondent.
The sole question presented by the petition for certiorari in this case is whether the lower court erred in denying plaintiffs' motion for a summary final decree. To have granted the motion for summary final decree would have resulted in a judicial determination that the zoning ordinances of the City of Homestead were invalid and unenforceable.
The burden of making error clearly appear is upon the petitioners. They have failed to carry this burden by virtue of which the petition for certiorari is denied.
This denial of the petition for certiorari shall not be construed as passing upon any of the issues in the litigation and decides only that no error has been made to appear on the basis of which the order sought to be reviewed could be disturbed. Compare State Road Department v. Lewis, Fla., 79 So.2d 699, text 700.
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Shaps v. Provident Life & Accident Insurance Co., s. 98-5500
...urged or defended in such proceedings." Southern Bell Tel. & Tel. Co. v. Bell, 116 So.2d 617, 619 (Fla.1959) (citing Collier v. City of Homestead, 81 So.2d 201 (Fla.1955)); see also Carol City Utils., Inc. v. Dade County, 183 So.2d 227, 231 (Fla.App. 3d Second, it is unclear whether the Flo......
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Shaps v. Provident Life & Acc. Ins. Co.
...urged or defended in such proceedings." Southern Bell Tel. & Tel. Co. v. Bell, 116 So.2d 617, 619 (Fla.1959) (citing Collier v. City of Homestead, 81 So.2d 201 (Fla.1955)); see also Carol City Utils., Inc. v. Dade County, 183 So.2d 227 (Fla. 3d DCA 1966); State v. Edwards, 135 So.2d 889 (Fl......
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Perez v. State
... ... City of Miami, Fla., 43 So.2d 856, 14 A.L.R.2d 602, and two allied cases, and followed in Borrego v ... ...
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Southern Bell Tel. & Tel. Co. v. Bell
...cannot be utilized as precedent or authority for or against the propositions urged or defended in such proceedings. Collier v. City of Homestead, Fla.1955, 81 So.2d 201. The Denial of certiorari by this court in the Marsiglia case cannot therefore be urged as approval by this court of the r......