City of Miami v. Berman

District Court of Appeal of Florida

City of Miami v. Berman

129 So. 2d 445, 1961 Fla. App. LEXIS 2712

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1961

DocketNo. 61-62

StatusPublished

Cited by2 cases

This text of 129 So. 2d 445 (City of Miami v. Berman) 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 Miami v. Berman, 129 So. 2d 445, 1961 Fla. App. LEXIS 2712 (Fla. Ct. App. 1961).

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Opinion

PER CURIAM.

The City of Miami brought a petition for writ of certiorari to review an¡ order of the circuit court, which order affirmed certain convictions and reversed certain convictions of respondents in the municipal court of petitioner city. These convictions were upon separate charges and were of each respondent individually, but all the charges had been tried together by stipulation. Upon petition for certiorari to review an order of the circuit court, made in the exercise of its appellate jurisdiction, we are confined to the scope of common law certiorari. State v. Katz, Fla.App.1959, 108 So.2d 60.

The petitioner urges that the circuit court did not proceed according to essential requirements of law when it held certain docket entries insufficient. The record' presented fails to establish such a departure.

However, having determined that no sufficient charge was pending it was unnecessary for the court to proceed further upon matters raised by those charges, therefore, that portion of the opinion and judgment which holds that the city was without authority to order a revocation of certain licenses was unnecessary to a decision of the-appeal and is therefore quashed.

[446]*446Writ granted and judgment of circuit court affirmed in part and reversed in part.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.

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PER CURIAM.

The City of Miami brought a petition for writ of certiorari to review an¡ order of the circuit court, which order affirmed certain convictions and reversed certain convictions of respondents in the municipal court of petitioner city. These convictions were upon separate charges and were of each respondent individually, but all the charges had been tried together by stipulation. Upon petition for certiorari to review an order of the circuit court, made in the exercise of its appellate jurisdiction, we are confined to the scope of common law certiorari. State v. Katz, Fla.App.1959, 108 So.2d 60.

The petitioner urges that the circuit court did not proceed according to essential requirements of law when it held certain docket entries insufficient. The record' presented fails to establish such a departure.

However, having determined that no sufficient charge was pending it was unnecessary for the court to proceed further upon matters raised by those charges, therefore, that portion of the opinion and judgment which holds that the city was without authority to order a revocation of certain licenses was unnecessary to a decision of the-appeal and is therefore quashed.

[446]*446Writ granted and judgment of circuit court affirmed in part and reversed in part.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.

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Bluebook (online)

129 So. 2d 445, 1961 Fla. App. LEXIS 2712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-berman-fladistctapp-1961.

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