Corbett v. McDonald

District Court of Appeal of Florida

Corbett v. McDonald

206 So. 2d 407, 1968 Fla. App. LEXIS 6048

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 1968

DocketNo. 1907

StatusPublished

Cited by2 cases

This text of 206 So. 2d 407 (Corbett v. McDonald) 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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Corbett v. McDonald, 206 So. 2d 407, 1968 Fla. App. LEXIS 6048 (Fla. Ct. App. 1968).

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Opinion

PER CURIAM.

Petitioner seeks a writ of mandamus to require a circuit judge to reinstate an alternative writ of mandamus. We decline its issuance because:

1. The circuit court did not have jurisdiction to entertain the original petition for writ of mandamus in that such court does not have appellate jurisdiction over the Florida Real Estate Commission. State ex rel. Randall v. Heffernan, Fla. App.1961, 128 So.2d 892; State ex rel. [Florida] Real Estate Commission v. Anderson, Fla.App.1964, 164 So.2d 265.

2. Assuming jurisdiction in the circuit court, petitioner has an adequate remedy by appeal. Crump v. Branning, 1917, 74 Fla. 522, 77 So. 228; Welch v. State ex rel. Johnson, 1923, 84 Fla. [261] 264, 95 So. 751; State ex rel. North St. Lucie River Drainage Dist. v. Kanner, 1943, 152 Fla. 400, 11 So.2d 889.

Mandamus denied.

WALDEN, C. J., and McCAIN and REED, JJ., concur.

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