Dickinson v. Judges of Dist. Court of Appeal, First Dist., 43935

Decision Date18 July 1973
Docket NumberNo. 43935,43935
Citation282 So.2d 168
PartiesFred O. DICKINSON, Jr., as Comptroller and Commissioner of Banking of the State of Florida, Petitioner, v. JUDGES OF the DISTRICT COURT OF APPEAL, FIRST DISTRICT, of the State of Florida, Respondents.
CourtFlorida Supreme Court

Larry Levy, for petitioner.

S. Alan Stanley, of Turner, Hendrick, Guilford, Goldstein & McDonald, Coral Gables, for respondents.

PER CURIAM.

This is an original proceeding in prohibition seeking to prohibit the District Court of Appeal, First District from proceeding any further in the consideration of a petition for writ of certiorari filed by University Federal Savings and Loan Association with the First District Court of Appeal to review the order of the Comptroller approving the application of Franklin Savings and Loan Association for a branch office.

Seeking review of the order of the Comptroller approving Franklin's application on March 23, 1973, University Federal Savings and Loan Association filed a petition for writ of certiorari with the District Court. In response, the petitioner-Comptroller filed a motion to dismiss on the ground that, since the order to be reviewed was a quasi-executive order, review by certiorari in the District Court of Appeal was not the appropriate method of review.

A Rule Nisi was issued by this Court and return has been filed. This Court has heard oral argument, examined the record and considered the briefs.

The order entered by the Comptroller approving Franklin's application for a branch office was rendered in the performance of a quasi-executive or quasi-legislative function. Washington Federal Savings and Loan Association v. Dickinson, 282 So.2d 167 (Fla.1973); University Federal Savings and Loan Association of Coral Gables v. Dickinson, 269 So.2d 2 (Fla.1972). See also Bay National Bank and Trust Company v. Dickinson, 229 So.2d 302 (Fla.App.1969). Respondent is without authority to review the quasi-executive order of the Comptroller in this cause by an original proceeding in certiorari. Bay National Bank and Trust Company v. Dickinson, supra. In Laundry Public Health Committee of Florida v. Board of Business Regulation, 235 So.2d 346 (Fla.App.1970), the court stated,

'The principal ground for dismissing the certiorari proceeding to review the respondents' 'order' is that said 'order' is not an 'order' within the purview of Section 120.31(1), Florida Statutes, F.S.A., which provides for certiorari...

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5 cases
  • State ex rel. Dept. of General Services v. Willis
    • United States
    • Court of Appeal of Florida (US)
    • March 29, 1977
    ...in a circuit court. Bay Nat'l Bank and Trust Co. v. Dickinson, 229 So.2d 302, 306 (Fla.1st DCA 1969); Dickinson v. Judges of the District Court of Appeal, 282 So.2d 168, 169 (Fla.1973); Bloomfield v. Mayo, 119 So.2d 417 (Fla.1st DCA 1960); DeGroot v. Sheffield, 95 So.2d 912 (Fla.1957); West......
  • McDonald v. Department of Banking and Finance, DD-375
    • United States
    • Court of Appeal of Florida (US)
    • May 10, 1977
    ...was denied or for any protestant. Bay Nat'l, 229 So.2d at 304; National Bank of Tampa, 175 So.2d at 550-51; Dickinson v. Judges of District Court of Appeal, 282 So.2d 168 (Fla.1973). The APA does not compromise the Department's ultimate authority over banking applications. Nor does it strip......
  • School Bd. of Leon County v. Mitchell, EE-64
    • United States
    • Court of Appeal of Florida (US)
    • May 4, 1977
    ...act. To this extent the act is intended to overrule cases making the distinction, such as Bay National Bank and Dickinson v. Judges of the District Court of Appeal, 282 So.2d 168 (Fla. Sup.Ct. 1973)." This Court acknowledged the thrust of the 1974 revision as applied to review of agency act......
  • City of Titusville v. Florida Public Employees Relations Commission, s. Z--172 and Z--196
    • United States
    • Court of Appeal of Florida (US)
    • March 26, 1976
    ...was construed to allow review from judicial or quasi-judicial action only. Dickinson v. Judges of the District Court of Appeal, Fla., 282 So.2d 168 (1973); Bay National Bank and Trust Company v. Dickinson, Fla.App. (1st), 229 So.2d 302 (1969). The new act, however, materially changes the ol......
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