CHARLES STERNFIELD AND JODY STERNFIELD, PETITIONERS,
v.
JEWISH INTRODUCTIONS, INC., RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the circuit court departed from the essential requirements of law by dismissing a petition for writ of certiorari and failing to transfer it to the correct appellate court.
Petitioners sought appellate review of a county court judgment by filing a petition for writ of certiorari in the circuit court, which was misfiled in…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Departure From Essential Requirements Of Law cases and more on FLexlaw
PER CURIAM.
Petitioners suffered an adverse judgment in the county court and appealed to the circuit court, which affirmed. Subsequently, petitioners filed a petition for writ of certiorari which sought to “invoke the Certiorari jurisdiction of the District Court of Appeal to review the decision” of the circuit court; however, the caption of the petition listed the name of the court as the Seventeenth Judicial Circuit; and the petition was filed there rather than here.
Respondent moved the circuit court to dismiss the petition for writ of certiorari for lack of jurisdiction, and petitioners responded by filing a motion to transfer the case to this court. The circuit court granted the motion to dismiss, but failed to rule on the motion for transfer. Petitioners next filed a motion for rehearing or clarification, again asking the court to transfer the case to this court, which was denied.
Petitioners then filed here a petition for writ of mandamus, naming as respondents the circuit judge who made the above rulings and the present respondent.
We treat the present petition for writ of mandamus as a petition for writ of certiorari. See Fla.R.App.P. 9.040(c). The circuit judge is sua sponte stricken as a respondent.
The circuit court departed from the essential requirements of law in dismissing and failing to transfer the case. See Fla.R. App.P. 9.040(b); Skinner v. Skinner, 561 So. 2d 260 (Fla.1990); In re Estate of Grant v. Grant, 111 So. 2d 865 (Fla. 2d DCA 1960).
Accordingly, we grant the instant petition for writ of certiorari, quash the trial court’s orders granting respondent’s motion to dismiss and denying petitioners’ motion for rehearing or clarification, and direct that the misfiled petition for writ of certiorari be transferred to this court.
GLICKSTEIN, GUNTHER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cayetano E. Alfonso v. Dep't OF Env't Reg., 616 So. 2d 44 (Fla. 1993)…ter judgment, but the clerk returned the notice with instructions to file the notice in the circuit court and the notice was then filed in circuit court after the jurisdictional time limits had expired) with Sternfield v. Jewish Introductions, Inc., 581 So. 2d 987 (Fla. 4th DCA 1991) (holding that the circuit court erred in dismissing and failing to transfer a petition which correctly sought review by certiorari but was filed in the wrong court). We find that either the Court must recede from Lampkin-Asam or…
-
Kaweblum v. Thornhill Ests. Homeowners Ass'n, Inc., 755 So. 2d 85 (Fla. 2000)…an improperly filed cause is mandatory, not discretionary. See Chaky v. State, 651 So. 2d 1169, 1172 (Fla.1995) (construing “shall” to be mandatory and “may” to be directory in a rule of procedure); see also Sternfield v. Jewish Introductions, Inc., 581 So. 2d 987, 988 (Fla. 4th DCA 1991) (finding that the circuit court had departed from essential requirements of law when it denied petitioner’s request to transfer a petition for writ of certiorari erroneously filed with that court to the district court of app…
Authorities Cited
- Skinner v. Skinner, 561 So. 2d 260 (Fla. 1990)