CITY OF KEY WEST TREE COMMISSION v. Havlicek

District Court of Appeal of Florida

CITY OF KEY WEST TREE COMMISSION v. Havlicek

20 So. 3d 904, 2009 Fla. App. LEXIS 13759, 2009 WL 2949310

CourtDistrict Court of Appeal of Florida

DecidedSeptember 16, 2009

Docket3D09-1595

StatusPublished

Cited by3 cases

This text of 20 So. 3d 904 (CITY OF KEY WEST TREE COMMISSION v. Havlicek) 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.

Bluebook

CITY OF KEY WEST TREE COMMISSION v. Havlicek, 20 So. 3d 904, 2009 Fla. App. LEXIS 13759, 2009 WL 2949310 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

The Tree Commission of the City of Key West seeks a writ of certiorari directed to a Monroe County Circuit Court order granting certiorari with respect to a Special Magistrate’s verbal ruling on a discovery issue. We grant the Commission’s petition; the circuit court had no jurisdiction to review an oral order. See Fla. RApp. P. 9.100(c)(1) (time for petition for certiorari runs from rendition of an order); Fla. R. Civ. P. 1.630 (same); Fla. R.App. P. 9.020(h) (defining “rendition”). Based on the Magistrate’s comments at the hearing, the Magistrate’s view may have been that if the Magistrate conducts a trial de novo, then the claim of error before the Tree Commission is immaterial. The Magistrate should enter a written order, and without it, the circuit court has no jurisdiction.

Petition granted; order quashed.

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PER CURIAM.

The Tree Commission of the City of Key West seeks a writ of certiorari directed to a Monroe County Circuit Court order granting certiorari with respect to a Special Magistrate’s verbal ruling on a discovery issue. We grant the Commission’s petition; the circuit court had no jurisdiction to review an oral order. See Fla. RApp. P. 9.100(c)(1) (time for petition for certiorari runs from rendition of an order); Fla. R. Civ. P. 1.630 (same); Fla. R.App. P. 9.020(h) (defining “rendition”). Based on the Magistrate’s comments at the hearing, the Magistrate’s view may have been that if the Magistrate conducts a trial de novo, then the claim of error before the Tree Commission is immaterial. The Magistrate should enter a written order, and without it, the circuit court has no jurisdiction.

Petition granted; order quashed.

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Bluebook (online)

20 So. 3d 904, 2009 Fla. App. LEXIS 13759, 2009 WL 2949310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-key-west-tree-commission-v-havlicek-fladistctapp-2009.

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