Ziers v. Purdy

District Court of Appeal of Florida

Ziers v. Purdy

324 So. 2d 132, 1975 Fla. App. LEXIS 19022

CourtDistrict Court of Appeal of Florida

DecidedDecember 2, 1975

DocketNo. 75-1757

StatusPublished

Cited by2 cases

This text of 324 So. 2d 132 (Ziers v. Purdy) 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

Ziers v. Purdy, 324 So. 2d 132, 1975 Fla. App. LEXIS 19022 (Fla. Ct. App. 1975).

Pincite

Opinion

PER CURIAM.

The petitioner has filed a petition for certiorari to review an administrative action by the respondents. He has also filed an application for supersedeas.

The petition for writ of certiorari filed herein pursuant to § 120.68, Fla.Stat., fails to conform to the applicable Florida Appellate Rules in that it fails to file, along with the petition, a petitioner’s brief or a record of the proceedings before the appeals examiner as required by Rule 4.5, subd. c(l), F.A.R. Therefore, this court, pursuant to Rule 3.17, is empowered to dismiss the petition for failure to comply with the applicable Florida Appellate Rules.

As to the application for superse-deas, § 120.68(3), Fla.Stat. provides a stay may be granted by the agency or by the reviewing court. Therefore, pursuant to Rule 5.5, F.A.R., it would be proper to deny this application without prejudice to apply to the administrative agency for su-persedeas. It is therefore

Ordered and adjudged that the applica. tion for supersedeas is denied and the petition for certiorari is dismissed.

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