Yamaha Intern. Corp. v. Ehrman, Y--424
Citation | 318 So.2d 196 |
Decision Date | 08 August 1975 |
Docket Number | No. Y--424,Y--424 |
Parties | YAMAHA INTERNATIONAL CORPORATION, Petitioner, v. Robert EHRMAN et al., Respondents. |
Court | Court of Appeal of Florida (US) |
This is a motion to dismiss a petition for review of a final administrative order of the Director of the Division of Motor Vehicles. Respondent points out that Rule 4.1, Florida Appellate Rules, states that 'all appellate review of the rulings of any commission or board shall be by certiorari as provided by the Florida Appellate Rules.' Respondent further correctly states that there is no provision in the Florida Appellate Rules for a petition for judicial review of a final administrative order.
Although respondent's references to the Florida Appellate Rules are correct, Article V, § 4(b)(2) of the Constitution of Florida provides:
'District courts of appeal shall have the power of direct review of administrative action, As prescribed by general law.' (emphasis supplied)
The now repealed Administrative Procedure Act provided for such administrative orders to be 'reviewable by certiorari by the district courts of appeal within the time and manner prescribed by the Florida appellate rules' (§ 120.31(1), Florida Statutes, 1973). The new Administrative Procedure Act, which became effective January 1, 1975, provides in pertinent part as follows (§ 120.68, 1974 Supplement to the Florida Statutes 1973):
'(1) A party who is adversely affected by final agency action Is entitled to judicial review . . .' (emphasis supplied)
The foregoing statute dropped the provision of the previous statute that review of administrative action be by certiorari. It substituted the above-quoted underlined verbiage by which proceedings for review are now instituted by filing a petition for such review in the District Court of Appeal and set forth specific requirements for the record and briefs. If...
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Amendments to the Florida Rules of Appellate Procedure
...... See Yamaha Int'l Corp. v. Ehrman, 318 So.2d 196 (Fla. 1st DCA 1975). ......
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AMEND. TO FLA. RULES OF APPELLATE PROC.
...has been for the "petition for review" to be substantially similar to a petition for the writ of certiorari. See Yamaha Int'l Corp. v. Ehrman, 318 So.2d 196 (Fla. 1st DCA 1975). This rule eliminates the need for true petitions in such cases. Instead, a simple notice is filed, to be followed......
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Proposed Florida Appellate Rules., In re
...been for the "petition for review" to be substantially similar to a petition for the writ of certiorari. See Yamaha International Corp. v. Ehrman, 318 So.2d 196 (Fla. 1st DCA 1975). This rule eliminates the need for true petitions in such cases. Instead, a simple notice is filed, to be foll......
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Emergency Amendments to Rules of Appellate Procedure., In re
...been for the "petition for review" to be substantially similar to a petition for the writ of certiorari. See Yamaha International Corp. v. Ehrman, 318 So.2d 196 (Fla. 1st DCA 1975). This rule eliminates the need for true petitions in such cases. Instead, a simple notice is filed, to be foll......