111 Fla. 771 | Fla. | 1933
Our present rules of practice in certiorari cases contemplate a full briefing of the case before the application for the writ of certiorari is acted on in the first instance. This enables the Supreme Court to dispose of such applications in the light of our now well settled rule to the effect that certiorari will be denied when it is evident from an inspection of the record that the writ of certiorari, if issued, must inevitably be quashed. Ferlita v. Figarotta,
The Circuit Judge in his opinion reversing the new trial order of the Judge of the Civil Court of Record expressly cited and followed the opinion of this Court in the case of Duboise Construction Co. v. City of South Miami,
A complete review of the case in the light of petitioner's application for a rehearing, assisted by the able briefs which petitioner has prepared and filed in printed form, has left us with the settled conviction that our former action in this case should not be disturbed, on the ground that under the circumstances shown of record, the writ of certiorari, if issued, must inevitably be quashed for the reasons stated in the opinion of the circuit court, which we adopted as our own in this case.
Rehearing denied.
DAVIS, C. J., and WHITFIELD, BROWN and BUFORD, J. J., concur.