# Charles M. Schayer & Co. v. Board of County Commissioners

> District Court of Appeal of Florida · July 12, 1966 · 188 So. 2d 871

URL: https://www.frixlaw.com/law-library/cases/7419381

## Case

- **Full name:** CHARLES M. SCHAYER & CO. v. BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY, Florida, acting as the Dade County Port Authority
- **Court:** District Court of Appeal of Florida
- **Decided:** July 12, 1966
- **Citations:** 188 So. 2d 871; 1966 Fla. App. LEXIS 5145
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Carroll, Hendry, Pearson
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7419381

## Opinion text

PER CURIAM.
The appellant brought a petition for writ of certiorari in the circuit court. The petition was dismissed and this appeal is from that order.
The petition for writ of certiorari sought to review an act of the Board of County Commissioners of Dade County, Florida, acting as the Dade County Port Authority. It was alleged that the Port Authority had failed to award a lease of store space to petitioner although bids were advertised and petitioner had submitted the highest bid.
The act of leasing the store space was not judicial or quasi-judicial; therefore, certiorari was not a proper remedy. Sirmans v. Owen, 87 Fla. 485 , 100 So. 734 (1924); West Flagler Amusement Co. v. State Racing Commission, 122 Fla. 222 , 165 So. 64 (1935). See also 10 McQuillin, Municipal Corporation, § 29.87 (3rd ed. 1950). Having determined that certio-rari did not lie, it was not necessary for the circuit judge to express an opinion on the merits, and such is not binding in any subsequent action between these parties.
The order dismissing the petition for writ of certiorari is affirmed.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7419381. Public record. Not legal advice.