Talbott & Drake, Inc. v. Florida Real Estate Commission

• Decision Date: 11 October 1978
• Docket Number: No. 78-1590,78-1590
• Citation: 370 So.2d 1153
• Parties: TALBOTT & DRAKE, INC., William F. Talbott, Paul P. Drake and Helen C. Drake, Petitioners, v. FLORIDA REAL ESTATE COMMISSION, an agency of the State of Florida, Respondent.
• Court: Florida District Court of Appeals

Page 1153

370 So.2d 1153

TALBOTT & DRAKE, INC., William F. Talbott, Paul P. Drake and Helen C. Drake, Petitioners, v. FLORIDA REAL ESTATE COMMISSION, an agency of the State of Florida, Respondent.

No. 78-1590.

District Court of Appeal of Florida, Fourth District.

Oct. 11, 1978.

Charles Holcomb of Law Offices of Holcomb & Theriac, Cocoa, for petitioners.

Howard Hadley, Orlando, for respondent.

PER CURIAM.

Petitioners seek review by petition for common law certiorari of a non-final agency order denying their motion to quash an administrative complaint filed against petitioners by the Florida Real Estate Commission. Petitioners allege that the petition is presented pursuant to Fla.R.App.P. 9.100 and that this court has jurisdiction pursuant to Fla.R.App.P. 9.030(b).

As we view petitioners' contentions they are all such as can be fully treated upon plenary appeal after final agency action has been taken. Thus they are not properly subject to review by common law certiorari. Section 120.68, Florida Statutes (1977). Accordingly, the petition for certiorari is

DENIED.

DOWNEY, C. J., and CROSS and DAUKSCH, JJ., concur.