DeSmedt v. City of North Miami Beach

SCHWARTZ, Chief Judge.

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),1 we treat this appeal as an application for cer-tiorari, see City of Deerfield Beach v. Valliant, 419 So.2d 624 (Fla.1982); Save Brickell Avenue, Inc. v. City of Miami, 393 So.2d 1197, 1198 n. 1 (Fla. 3d DCA 1981), and quash the decision below.

Under…