HOBSON, Justice.
Petitioners have applied to this court for a writ of certiorari to review a final order of the Florida Real Estate Commission entered August 12, 1957, suspending the registrations of petitioners as real estate brokers. Respondents have moved to dismiss the petition upon the grounds (1) that there is a full, complete and adequate remedy by appeal to the Circuit Court of Dade County under the provisions of Sec. 475.35, Florida Statutes, F.S.A. and (2) that on September 27, 1957, petitioners perfected such an appeal. It also appears that petitioners, being in doubt as to the appropriate form of review now provided for such cases, for reasons which will presently appear, have applied for certiorari in the District Court of Appeal.
The following are pertinent portions of the Florida Statutes, the Florida Constitution and the Florida Rules of Appellate Procedure which are germane to the jurisdictional issues raised by respondents' motion to dismiss. All emphasis has been supplied.
475.35, F.S.A., Appeals to circuit court —
First, it is plain that this court may take jurisdiction of the cause, in view of the language of Article V, Section 4(b), supra, which provides that we "may issue writs of certiorari to commissions established by law." It is equally clear that the District Courts of Appeal do not have such jurisdiction, in view of the language of Article V, Section 5(c), which provides that such courts "shall have such powers of direct review of administrative action as may be provided by law". No powers have yet been provided by law which would authorize direct review of an order of the Florida Real Estate Commission by the District Courts of Appeal, and unless and until such powers are provided, any attempt by those courts directly to review such an order would be unauthorized.
We next consider the possibility of an appeal to the circuit court pursuant to F.S. § 475.35, F.S.A., supra. We note that former Article V, Section 11, of the constitution provided for final appellate jurisdiction in the circuit courts as to certain specified matters "and of such other matters as the Legislature may provide". Thus the authority upon which F.S. § 475.35, F.S.A., rested was clear. The quoted language, however, was eliminated from new Article V, Section 6 (the present counterpart of former Section 11) in connection with final appellate jurisdiction, although this language was retained in connection with original jurisdiction. This elimination of the enabling language, to our mind, demonstrates an intention on the part of the framers to remove the support for F.S. § 475.35, F.S.A., and the statute, accordingly, must fall. If this were not enough to convince us that F.S. § 475.35, F.S.A., had been repealed, we would reach the same conclusion on another ground, namely, that the Appellate Rules (Rule 1.4) "shall supersede all conflicting rules and statutes" and such
If statutory appeal from an order of the Florida Real Estate Commission may no longer be brought, and if review of such order must be accomplished by certiorari, is there any jurisdiction left in the circuit court to entertain such a proceeding? We think that there is.
We find no suggestion that the traditional jurisdiction of the circuit courts to issue writs of certiorari has been diminished or impaired by new Article V, Section 6 of the constitution. The writ of certiorari is therefore available to obtain review in such a situation as this, where, as we have held, no other method of appeal is available. De Groot v. Sheffield, Fla., 95 So.2d 912; Lorenzo v. Murphy, 159 Fla. 639, 32 So.2d 421. We conclude that the circuit court now has the same jurisdiction to review, by certiorari, an order of the Florida Real Estate Commission as it formerly had to review, by certiorari, an order of any inferior tribunal or agency in a judicial or quasi-judicial proceeding, where no statutory method of review was provided. See De Groot v. Sheffield, supra, 95 So.2d 912.
Since the circuit court retains power to review the challenged order by certiorari, we decline to assume jurisdiction in the instant case. Accordingly, under the provisions of Rule 2.1, subd. a (5) (d), Florida Appellate Rules, the petition for certiorari, the transcript of record, briefs and other papers filed in this court will, at the expiration of five days from the filing of this opinion, be transferred to the Clerk of the Circuit Court of the Eleventh Judicial Circuit, Dade County, Florida. The petition will thenceforth be treated as if it had originally been filed in that court. Rule 2.1, subd. a (5) (d), supra.
It is so ordered.
TERRELL, C.J., and THOMAS, THORNAL and O'CONNELL, JJ., concur.
Comment
User Comments