DeSmedt v. City of North Miami Beach
DeSmedt v. City of North Miami Beach
Opinion of the Court
The judgment before us dismissed a complaint which sought a declaratory judgment that a resolution of the North Miami City Commission finally approving a site plan was invalid. The basis of the ruling below was that an original action for such relief was inappropriate. Pursuant to Florida Rule of Appellate Procedure 9.040(c),
Under the appellate rule which we have already invoked, Fla.R.App.P. 9.040(c), the mistaken complaint below should have been treated as an appropriate notice of appeal, see Fla.R.App.P. 9.030(c)(1)(A)
Certiorari granted.
. RULE 9.040 GENERAL PROVISIONS
******
(c) Remedy. If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought; provided that it shall not be the responsibility of the court to seek the proper remedy.
. RULE 9.030 JURISDICTION OF COURTS
******
(c) Jurisdiction of Circuit Courts.
(1) Appeal Jurisdiction. The circuit courts shall review, by appeal:
(A) final orders of lower tribunals as provided by general law.
RULE 9.020 DEFINITIONS
******
(d) Lower Tribunal, the court, agency, officer, board, commission or body whose order is to be reviewed.
Reference
- Full Case Name
- John DeSMEDT v. The CITY OF NORTH MIAMI BEACH, Florida
- Cited By
- 1 case
- Status
- Published