Allstate Van Lines Corp. v. Palmerio

District Court of Appeal of Florida

Allstate Van Lines Corp. v. Palmerio

334 So. 2d 280, 1976 Fla. App. LEXIS 15698

CourtDistrict Court of Appeal of Florida

DecidedJune 11, 1976

DocketNo. 76-431

StatusPublished

Cited by1 cases

This text of 334 So. 2d 280 (Allstate Van Lines Corp. v. Palmerio) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allstate Van Lines Corp. v. Palmerio, 334 So. 2d 280, 1976 Fla. App. LEXIS 15698 (Fla. Ct. App. 1976).

Pincite

Opinion

PER CURIAM.

Allstate Van Lines Corporation seeks a writ of certiorari to review a circuit court judgment affirming a county court judgment entered in favor of Mr. and Mrs. Palmerio.

We conclude that this petition must be dismissed for two reasons. First, petitioner has not supplied this court with any record aside from the circuit court judgment of affirmance and order denying a petition for rehearing and the appellant’s brief petitioner filed below. Such a “record” is inadequate to demonstrate any error in the judgment of the circuit court.

Second, the brief petitioner filed in support of its petition in this court is substantially identical to the appellant’s brief it filed in the circuit court. It is therefore clear that petitioner is seeking to take a second appeal from the county court judgment. This it may not do. Nation v. State, 155 Fla. 858, 22 So.2d 219 (1945).

Accordingly, the petition for writ of certiorari is hereby dismissed.

MAGER, DOWNEY and ALDERMAN, JJ., concur.

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