Pettersen v. Nelson

District Court of Appeal of Florida

Pettersen v. Nelson

269 So. 2d 22, 1972 Fla. App. LEXIS 5839

CourtDistrict Court of Appeal of Florida

DecidedNovember 20, 1972

DocketNo. 71-948

StatusPublished

Cited by4 cases

This text of 269 So. 2d 22 (Pettersen v. Nelson) 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

Pettersen v. Nelson, 269 So. 2d 22, 1972 Fla. App. LEXIS 5839 (Fla. Ct. App. 1972).

Pincite

Opinion

PER CURIAM.

This is an appeal from an order of the Circuit Court for Palm Beach County, Florida, sitting in its appellate capacity. The order of the circuit court affirmed a final judgment against the appellant rendered by the Small Claims-Magistrate Court for said county. The judgment awarded the plaintiff, Gordon Nelson, $312.00 plus costs from Anne Pettersen, the appellant here.

This court does not have jurisdiction to review by appeal an order rendered by the Circuit Court sitting in its appellate capacity. Article V, Section 5(3), Florida Constitution 1968, F.S.A. We have, however, treated the proceedings herein as a petition for common law cer-tiorari and have reviewed the order of the circuit court on that basis. The scope of such review is limited to a determination from the face of the record whether the lower court exceeded its jurisdiction or otherwise deviated from the essential requirements of law. Dresner v. City of Tallahassee, Fla.1964, 164 So.2d 208, 210.

From the record before us, it appears that the circuit court did not exceed its jurisdiction or otherwise deviate from the essential requirements of law and, therefore, certiorari is denied.

Certiorari denied.

REED, C. J., and CROSS and OWEN, JJ,, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from an order of the Circuit Court for Palm Beach County, Florida, sitting in its appellate capacity. The order of the circuit court affirmed a final judgment against the appellant rendered by the Small Claims-Magistrate Court for said county. The judgment awarded the plaintiff, Gordon Nelson, $312.00 plus costs from Anne Pettersen, the appellant here.

This court does not have jurisdiction to review by appeal an order rendered by the Circuit Court sitting in its appellate capacity. Article V, Section 5(3), Florida Constitution 1968, F.S.A. We have, however, treated the proceedings herein as a petition for common law cer-tiorari and have reviewed the order of the circuit court on that basis. The scope of such review is limited to a determination from the face of the record whether the lower court exceeded its jurisdiction or otherwise deviated from the essential requirements of law. Dresner v. City of Tallahassee, Fla.1964, 164 So.2d 208, 210.

From the record before us, it appears that the circuit court did not exceed its jurisdiction or otherwise deviate from the essential requirements of law and, therefore, certiorari is denied.

Certiorari denied.

REED, C. J., and CROSS and OWEN, JJ,, concur.

Cite This Page — Counsel Stack

Bluebook (online)

269 So. 2d 22, 1972 Fla. App. LEXIS 5839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettersen-v-nelson-fladistctapp-1972.

Opinion

Related

Cite This Page — Counsel Stack