ALLSTATE VAN LINES CORP., PETITIONER,
v.
IMOGENE PALMERIO AND ANTHONY PALMERIO, RESPONDENTS
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The petition for a writ of certiorari is dismissed because the petitioner failed to provide an adequate record and attempted to take a second appeal.
Allstate Van Lines Corporation sought a writ of certiorari to review a circuit court judgment that affirmed a county court judgment in favor of Mr. an…
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PER CURIAM.
Allstate Van Lines Corporation seeks a writ of certiorari to review a circuit court judgment affirming a county court judgment entered in favor of Mr. and Mrs. Palmerio.
We conclude that this petition must be dismissed for two reasons. First, petitioner has not supplied this court with any record aside from the circuit court judgment of affirmance and order denying a petition for rehearing and the appellant’s brief petitioner filed below. Such a “record” is inadequate to demonstrate any error in the judgment of the circuit court.
Second, the brief petitioner filed in support of its petition in this court is substantially identical to the appellant’s brief it filed in the circuit court. It is therefore clear that petitioner is seeking to take a second appeal from the county court judgment. This it may not do. Nation v. State, 155 Fla. 858, 22 So. 2d 219 (1945).
Accordingly, the petition for writ of certiorari is hereby dismissed.
MAGER, DOWNEY and ALDERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State Farm Mut. Auto. Ins. Co. v. Sharp, 647 So. 2d 981 (Fla. 2d DCA 1994)…ther respects because the petitioner has failed to furnish an adequate record demonstrating that the trial court deviated from the essential requirements of the law in ordering production’of other documents. See Allstate Van Lines Corp. v. Palmerio, 334 So. 2d 280 (Fla. 4th DCA 1976). [*982] Certiorari granted in part and denied in part. DANAHY, A.C.J., and PARKER and LAZZARA, JJ., concur.…
Authorities Cited
- Nation v. State, 155 Fla. 858 (Fla. 1945)
- Talley's NO. 3 Store v. Deese, 155 Fla. 858 (Fla. 1945)