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Bustamante v. Gaviria

District Court of Appeal of Florida, Third District
Oct 6, 1999
741 So. 2d 1255 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1976.

Opinion filed October 6, 1999.

A Petition for Writ of Certiorari to the Circuit Court of Dade County, Appellate Division, Margarita Esquiroz, Maynard A. Gross and Jeri B. Cohen, Judges, L.T. No. 97-284.

Siegfried, Rivera, Lerner, De La Torre Sobel and Peter H. Edwards, for petitioners.

D.S. "Dar" Airan and Michelle R. De Bianchi, for respondents.

Before NESBITT, GODERICH and SORONDO, JJ.


The petition for writ of certiorari is granted.See Fuller Enters. v. Michaels, 451 So.2d 536, 537-38 (Fla. 2d DCA 1984) (holding "[n]o citation of authority is needed to support the proposition that an appellate court may not, having once reversed a final judgment of a lower court, sua sponte review that judgment again. . . . To do so is a clear departure from the essential requirements of the law and justifies issuing [a] writ of certiorari. . . ."). Accordingly, the order under review is quashed, and this cause is remanded for further proceedings.


Summaries of

Bustamante v. Gaviria

District Court of Appeal of Florida, Third District
Oct 6, 1999
741 So. 2d 1255 (Fla. Dist. Ct. App. 1999)
Case details for

Bustamante v. Gaviria

Case Details

Full title:ANGIE BUSTAMANTE, et al., Petitioners, v. ELKIN GAVIRIA, et al.…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 6, 1999

Citations

741 So. 2d 1255 (Fla. Dist. Ct. App. 1999)