So what if you file that constitutional challenge in cert?

OK, so post-Omnipoint we know that you have to bring your constitutional challenges in a dec action. So what if you misfile them as a cert petition? Is it a crime against the R Civ P? Would it subject one to 57.105 sanctions?



Not according to the 3d DCA, which in this case , while it granted cert to the City on the basis that the claims were constitutional in nature, directed the lower court to treat the case as an original declaratory action on remand.