United Teachers of Dade v. Save Brickell Ave., Inc.
| Decision Date | 26 September 1979 |
| Docket Number | No. 79-402,79-402 |
| Citation | 378 So.2d 296 |
| Parties | UNITED TEACHERS OF DADE and UTD Towers, Inc., Appellants, v. SAVE BRICKELL AVENUE, INC., etc., et al., Appellees. |
| Court | Florida District Court of Appeals |
duFresne & duFresne and William D. duFresne, Miami, for appellants.
Hersh & Bernstein and Brian R. Hersh, Miami, for appellees.
Before HENDRY, HUBBART and KEHOE, JJ.
The central issue presented by this motion to dismiss the instant appeal is whether a final judgment entered by a circuit court in an original certiorari proceeding involving a zoning matter is reviewable by appeal or certiorari in a district court of appeal. We hold that such final judgment is reviewable here by appeal and deny the motion to dismiss.
The appellants United Teachers of Dade and UTD Towers, Inc. have filed a timely notice of appeal seeking review in this court of a final judgment entered by the Circuit Court for the Eleventh Judicial Circuit of Florida, in an original certiorari proceeding involving a zoning matter. The final judgment under review granted a petition for a writ of certiorari filed by the appellees Save Brickell Avenue, Inc. and quashed a zoning resolution previously passed by the City of Miami Commission. The appellees by their motion to dismiss contend that this court has no jurisdiction to entertain the case by appeal and that the appeal should, accordingly, be treated as a petition for a writ of certiorari. We cannot agree.
Article V, Section 4(b) of the Florida Constitution establishes the jurisdiction of the district courts of appeal and provides in pertinent part as follows:
"(1) District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders of trial courts, Including those entered on review of administrative action, not directly appealable to the supreme court or a circuit court. * * *
(2) * * *
(3) * * * A district court of appeal may issue writs of . . . certiorari . . . ." (emphasis added)
The above constitutional provisions are tracked by Fla.R.App.P. 9.030(b)(1)(A), (2).
In the instant case, we have for review a final judgment of the circuit court entered on review of administrative action in an original certiorari proceeding which quashed a zoning resolution passed by a city commission. All agree that this judgment is not directly appealable to the Supreme Court or the circuit court. Under the above constitutional provision (Art. V, § 4(b)(1)) as implemented by Fla.R.App.P. 9.030(b)(1)(A), it follows that such final judgment is appealable as a matter of right to a district court of appeal. This result is supported by an unbroken line of authority in this state. Norman v. Pinellas County, 250 So.2d 279 (Fla. 2d DCA 1971); City of Treasure Island v. Decker, 174 So.2d 756 (Fla. 2d DCA 1965); Board of Adjustment of City of Ft. Lauderdale v. Kremer, 139 So.2d 448 (Fla. 2d DCA 1962); Phillips...
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Allapattah Community Ass'n, Inc. of Florida v. City of Miami
...(Fla. 3d DCA 1979). There is thus no obstacle to our consideration of the case on its merits.5 See United Teachers of Dade v. Save Brickell Avenue, Inc., 378 So.2d 296 (Fla. 3d DCA 1979).6 While almost all of the cases which speak of this interest deal with the "usual" situation in which a ......
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Evans Rowing Club, LLC v. City of Jacksonville, No. 1D19-1851
...the final judgment herein, it follows that this court has no certiorari jurisdiction in this case. United Teachers of Dade v. Save Brickell Ave., Inc. , 378 So. 2d 296, 297 (Fla. 3d DCA 1979), disapproved of by City of Deerfield Beach v. Vaillant , 419 So. 2d 624 (Fla. 1982).In light of the......
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The Florida Companies v. Orange County, Fla., 81-450
...of Volusia, 400 So.2d 511 (Fla. 5th DCA 1981); Odham v. Petersen, 398 So.2d 875 (Fla. 5th DCA 1981); United Teachers of Dade v. Save Brickell Avenue, Inc., 378 So.2d 296 (Fla.3d DCA 1979); contra, City of Deerfield Beach v. Vaillant, 399 So.2d 1045 (Fla. 4th DCA 1981). Since this court is a......
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Volusia County v. Transamerica Business Corp.
...from that order to this court is proper. 1 Dade County v. Gayer, 388 So.2d 1292 (Fla. 3d DCA 1980); United Teachers of Dade v. Save Brickell Avenue, Inc., 378 So.2d 296 (Fla. 3d DCA 1979); Norman v. Pinellas County, 250 So.2d 279 (Fla. 2d DCA 1971). See also McNamara Pontiac, Inc. v. Sanche......