McCreary v. Metropolitan Dade County

Full title: BARNEY McCREARY AND BETTY McCREARY, HIS WIFE, ET AL., APPELLANTS, v…

Court: District Court of Appeal of Florida, Third District

Date published: Sep 18, 1962

144 So. 2d 337 (Fla. Dist. Ct. App. 1962)

Opinion

No. 62-6.

September 18, 1962.

Appeal from the Circuit Court, Dade County, Robert L. Floyd, J.

Wepman Wepman, Miami, for appellants.

Darrey A. Davis, County Atty., and St. Julien P. Rosemond, Asst. County Atty., for Metropolitan Dade County.

William J. Weissel, Miami, for Howard Scharlin.

Before PEARSON, TILLMAN, C.J., and HORTON and BARKDULL, JJ.

BARKDULL, Judge.

The appellants, as petitioners in the trial court, sought a "writ of certiorari and other relief" to review a certain rezoning resolution adopted by Dade County upon application of the appellee, Howard Scharlin. The petition was not accompanied by a record of the proceedings which resulted in the adoption of the resolution, in accordance with Florida Appellate Rule 4.5(c), 31 F.S.A. Therefore, the trial judge correctly entered a final order dismissing the petition for certiorari. See: Ex parte Jones, 92 Fla. 1015, 110 So. 532; Connolly v. Connolly, Fla. 1956, 86 So.2d 167; 5 Fla.Jur., Certiorari, § 22.

Affirmed.