ANNE PETTERSEN, APPELLANT,
v.
GORDON NELSON D/B/A AMERICAN STEAM AND PRESSURE CLEANING SERVICE, APPELLEE

Fla. 4th DCA | 1972-11-20
No. 71-948
REED, C. J., and CROSS and OWEN, JJ,, concur.
269 So. 2d 22 Florida District Court of Appeal, Fourth District (1972) Positive Treatment
Cited by 6 cases
Topics
Scope Of Certiorari Review Common Law Certiorari Essential Requirements Of Law Jurisdiction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from an order of the Circuit Court for Palm Beach County, Florida, sitting in its appellate capacity. The order of the circuit court affirmed a final judgment against the appellant rendered by the Small Claims-Magistrate Court for said county. The judgment awarded the plaintiff, Gordon Nelson, $312.00 plus costs from Anne Pettersen, the appellant here.

This court does not have jurisdiction to review by appeal an order rendered by the Circuit Court sitting in its appellate capacity. Article V, Section 5(3), Florida Constitution 1968, F.S.A. We have, however, treated the proceedings herein as a petition for common law cer-tiorari and have reviewed the order of the circuit court on that basis. The scope of such review is limited to a determination from the face of the record whether the lower court exceeded its jurisdiction or otherwise deviated from the essential requirements of law. Dresner v. City of Tallahassee, Fla.1964, 164 So.2d 208, 210.

From the record before us, it appears that the circuit court did not exceed its jurisdiction or otherwise deviate from the essential requirements of law and, therefore, certiorari is denied.

Certiorari denied.

REED, C. J., and CROSS and OWEN, JJ,, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brewer v. Bible Christian Church, Inc., 415 So. 2d 886 (Fla. 1st DCA 1982)
    …f the circuit court entered in the exercise of its appellate jurisdiction. Article V, Section 4(b)(1), Florida Constitution. However, we may elect and have elected to treat the proceeding as a petition for common law certiorari. Petterson v. Nelson, 269 So. 2d 22 (Fla. 4th DCA 1972). Because we find that the essential requirements of law have not been violated, certiorari is denied. BOOTH, WENTWORTH and WIGGIN-TON, JJ., concur.…
  • Ciccarelli v. The City OF KEY W., 321 So. 2d 472 (Fla. 3d DCA 1975)
    …stitution and Rule 4.5(c) of the Florida Appellate Rules. See State v. Katz, Fla.App.1959, 108 So. 2d 60; Dresner v. City of Tallahassee, Fla.1964, 164 So. 2d 208; Blacharski v. Watts, Fla.App.1972, 268 So. 2d 465; Pettersen v. Nelson, Fla.App.1972, 269 So. 2d 22; Whittemore v. Dade County, Fla.1974, 292 So. 2d 363, 365. The petitioner argues that in the decision sought to be reviewed herein, the circuit court departed from essential requirements of law by holding Ordinance 21-41 to be valid on its face and…
  • Anne Pettersen v. Nelson, 280 So. 2d 687 (Fla. 1973)
    …Appeal dismissed, sua sponte. 269 So. 2d 22. CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD and McCAIN, JJ., concur.…

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