CHARLES M. SCHAYER & CO., APPELLANT,
v.
BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, FLORIDA, ACTING AS THE DADE COUNTY PORT AUTHORITY, APPELLEE
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The court held that certiorari is not a proper remedy to review a non-judicial or quasi-judicial act of a county board.
Petitioner sought a writ of certiorari to review the Port Authority's decision not to award a lease despite petitioner submitting the highest bid. The…
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The appellant brought a petition for writ of certiorari in the circuit court. The petition was dismissed and this appeal is from that order.
The petition for writ of certiorari sought to review an act of the Board of County Commissioners of Dade County, Florida, acting as the Dade County Port Authority. It was alleged that the Port Authority had failed to award a lease of store space to petitioner although bids were advertised and petitioner had submitted the highest bid.
The act of leasing the store space was not judicial or quasi-judicial; therefore, certiorari was not a proper remedy. Sirmans v. Owen, 87 Fla. 485, 100 So. 734 (1924); West Flagler Amusement Co. v. State Racing Commission, 122 Fla. 222, 165 So. 64 (1935). See also 10 McQuillin, Municipal Corporation, § 29.87 (3rd ed. 1950). Having determined that certio-rari did not lie, it was not necessary for the circuit judge to express an opinion on the merits, and such is not binding in any subsequent action between these parties.
The order dismissing the petition for writ of certiorari is affirmed.
Affirmed.
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Modine Mfg. Co. v. ABC Radiator, Inc., 367 So. 2d 232 (Fla. 3d DCA 1979)…a determination that the interference with the trial court at the pleading stage was not warranted where there was a remedy by appeal. Cf. Allen v. City of Miami, 147 So. 2d 566 (Fla. 3d DCA 1962); and Schayer & Co. v. Board of County Commissioners, 188 So. 2d 871 (Fla. 3d DCA 1966). In any event, the Supreme Court of Florida has held in Beverly Beach Properties v. Nelson, 68 So. 2d 604, 608 (1953): ** “We may change ‘the law of the case’ at any time before we lose jurisdiction of a cause and will never he…
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MRO Software, Inc. v. Miami-Dade Cnty., 895 So. 2d 1086 (Fla. 3d DCA 2004)…he basis of our agreement that such an award is the exercise of an executive function, rather than a quasi-judicial act subject to certiorari review by the Appellate Division. Charles M. Schayer & Co. v. Board of County Commissioners of Dade County, 188 So. 2d 871 (Fla. 3d DCA 1966) squarely so holds. See also Fisher Island Holdings, LLC v. Miami-Dade County Com’n on Ethics and Public Trust, 748 So. 2d 381 (Fla. 3d DCA 2000). As we have already strongly indicated in Miami-Dade County v. Church & Tower, Inc.,…
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Authorities Cited
- W. Flagler Amusement Co., Inc. v. State Racing Comm'n, 122 Fla. 222 (Fla. 1935)
- Sirmans v. Owen, 87 Fla. 485 (Fla. 1924)