321 So. 2d 471

Jack MARTIN et al., Appellants, v. FIRST APOSTOLIC CHURCH, an unincorporated association, Appellee.

No. 74-1256.

District Court of Appeal of Florida, Fourth District.

Oct. 17, 1975.

Rehearing Denied Nov. 26, 1975.

Steven R. Bechtel, Mateer & Harbert, Orlando, for appellants.

Elwood Phillips, Orlando, for appellee.

PER CURIAM.

Appellants, constituting the Board of County Commissioners of Orange County, Florida, appeal final judgment entered in favor of appellee, First Apostolic Church, directing the Board of County Commissioners to grant appellee’s application for a special exception to build a church, a permissive use on a parcel of land the church owned.

Upon review of the record on appeal and after consideration of the briefs and oral argument of counsel for the respective parties, we determine there was sufficient competent evidence before the commissioners to support denial of appel-lee’s application for a special exception. It is not the function of a reviewing court on a petition for a writ of certiorari to reweigh the evidence, as the lower court in the instant case did, but to review the record brought before it to determine if there had been a departure from the essential requirements of law. De Groot v. Sheffield, 95 So.2d 912 (Fla.1957).

Accordingly, the final judgment appealed is reversed, and the cause remanded with directions to enter an order denying and dismissing the petition for writ of certiora-ri.

Reversed and remanded, with directions.

OWEN, CROSS and DOWNEY, JJ„ concur.

Martin v. First Apostolic Church
321 So. 2d 471

Case Details

Name
Martin v. First Apostolic Church
Decision Date
Oct 17, 1975
Citations

321 So. 2d 471

Jurisdiction
Florida

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!