CITY OF MIAMI, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, PETITIONER,
v.
WILLIAM A. ALLEN, RESPONDENT
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The Florida Supreme Court denied a writ of certiorari, finding no conflict between appellate court decisions regarding the City of Miami's authority to impose certain regulations. The court affirmed the lower appellate court's decision based on its own prior ruling in a similar case.
No, the Florida Supreme Court denied the writ of certiorari. The court found no conflict because it had itself approved the decision in Simpson v. City of Miami, which the lower appellate court relied upon.
“By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, Third District because of an alleged conflict on the same point of law with a decision of another Court of Appeal.”
This quote establishes the procedural posture of the case and the basis for the Supreme Court's potential review.
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By petition for a writ of certiorari we are requested to review a decision of the Court of Appeal, Third District because of an alleged conflict on the same point of law with a decision of another Court of Appeal. City of Miami v. Allen, 158 So.2d 580.
The District Court here affirmed a judgment in the trial court on the authority of its own decision in Simpson v. City of Miami, et al., Fla.App., 155 So.2d 829.
It is contended that because of its reliance upon Simpson the instant decision conflicts with the decision of the Court of Appeal, First District, in Middleton v. City of Fort Walton Beach, Fla.App., 113 So.2d 431, and similar cases.
We have approved the decision of the District -Court in Simpson. See City of Miami v. Simpson, Fla., 172 So.2d 435, opinion filed 17th day of Februray, 1965. On authority of this opinion, the writ is denied.
It is so ordered.
DREW, C. J., and THOMAS, ROBERTS, THORNAL, O’CONNELL and ERVIN, JJ., concur.
dissents, see dissent in City of Miami v. Simpson, Fla., 172 So.2d 435, this day filed.
CALDWELL, J.,
dissents, see dissent in City of Miami v. Simpson, Fla., 172 So. 2d 435, this day filed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Miami v. Roce Simpson, 172 So. 2d 435 (Fla. 1965)
- Middleton v. City OF Fort Walton Beach, 113 So. 2d 431 (Fla. 1st DCA 1959)
- Roce Simpson v. City OF Miami, 155 So. 2d 829 (Fla. 3d DCA 1963)
- City OF Miami v. Allen, 158 So. 2d 580 (Fla. 3d DCA 1963)