JOSEPH K. ISLEY, APPELLANT,
v.
REUBIN O'D. ASKEW, ETC., APPELLEES
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The Florida Supreme Court quashed the District Court of Appeal's decision for lack of jurisdiction where the district court lacked a demonstrated jurisdictional basis to entertain an original petition challenging the governor's suspension authority and the constitutionality of the Commission on Ethics.
A district court lacks jurisdiction to entertain an original petition challenging the governor's suspension of a school board member absent a demonstrated jurisdictional ground.
[1] A district court of appeal lacks jurisdiction to entertain an original petition absent a demonstrated jurisdictional ground, and the supreme court may quash such a decisi…
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Join FLexlaw to unlock all legal intelligenceJoseph Isley, a member of the Lee County school board, filed an original petition in the District Court of Appeal seeking a rule to show cause challen…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This cause is before the court on appeal from a decision of the District Court of Appeal, First District, which construed a provision of the state constitution. Isley v. Askew, 358 So. 2d 32 (Fla. 1st DCA 1978). We have jurisdiction. Art. V, § 3(b)(1), Fla.Const. The district court’s decision was rendered upon the filing of an original petition there, seeking a “rule to show cause,” testing the authority of the governor to suspend the petitioner from the office of member of the Lee County school board and questioning whether the Commission on Ethics is lawfully constituted under article II, section 3 and article IV, section 1(f), Florida Constitution. The petitioner sought to invoke the power of the district court of appeal, under article V, section 4(b)(3), Florida Constitution, to “issue writs of mandamus, certiorari prohibition, quo warranto, and other writs necessary to the complete exercise of its jurisdiction.”
There is no demonstrated jurisdictional ground for the district court to have taken action on the appellant’s petition. Under our jurisdiction of the appeal, we have power to quash the district court’s decision for lack of jurisdiction. Skipper v. Schumacher, 118 Fla. 867, 160 So. 357 (1935).
The decision of the district court is quashed and the cause remanded to the district court for the entry of an order of dismissal.
It is so ordered.
ENGLAND, C. J., and BOYD, SUND-BERG and ALDERMAN, JJ., concur. ADKINS, OVERTON and HATCHETT, JJ., dissent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Skipper v. Doyle Schumacker, 118 Fla. 867 (Fla. 1933)
- Paffy v. State, 358 So. 2d 32 (Fla. 4th DCA 1978)