EDWARD CAMPBELL, CHAIRMAN, ETC., ET AL., APPELLANTS,
v.
PAUL R. VETTER, APPELLEE
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The City of Hollywood appealed a circuit court's reversal of a Civil Service Board decision that upheld a police officer's discharge. The appellate court held that the circuit court's reversal without a written opinion violated proper review standards and remanded for the circuit court to issue a reasoned opinion explaining its reversal.
A circuit court reviewing an administrative decision by certiorari should provide a written opinion setting forth the theory and reasoning for its reversal. While no hard and fast rule requires a written opinion, the custom in Florida is to write an opinion when reversing a lower tribunal. Without such an opinion, appellate review is hindered and the interests of justice are not properly served.
[1] In certiorari proceedings from an order of an administrative agency in a quasi-judicial proceeding, a circuit court's review is limited to determining whether procedural…
[2] Appellate review of a circuit court's decision in a common law certiorari proceeding is limited to determining whether the circuit court followed procedural due process a…
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Join FLexlaw to unlock all legal intelligence“In certiorari proceedings from an order of an administrative agency in a quasi-judicial proceeding, the circuit court is limited in the scope of its review to a determination of whether procedural due process had been accorded, whether essential requirements of law had been observed and whether the charges were supported by substantial, competent evidence.”
Establishes the limited scope of review available to circuit courts in administrative certiorari cases.
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Join FLexlaw to unlock all legal intelligencePaul R. Vetter, a city police officer, was discharged by the City of Hollywood. The Civil Service Board upheld his discharge. Vetter petitioned for a …
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MOORE, Judge.
This is an appeal by the City of Hollywood, Florida from a final “order” of the circuit court granting a petition for writ of certiorari filed by Paul R. Vetter, a city police officer. In his petition for writ of certiorari Mr. Vetter sought review of an order of the Civil Service Board of the City of Hollywood upholding the appellee’s discharge from his employment as a city police officer. Without delineating his reasons therefore the circuit judge reversed the Civil Service Board and ordered the City to reinstate appellee immediately with full back pay for approximately seventeen months. In effect, this was a per curiam reversal without opinion.
We first must consider the scope of review applicable to the circuit court’s jurisdiction. Although the court may have come to a different conclusion from that reached by the Board, the weight and credibility of the evidence is solely the function of the Board sitting as the administrative fact finder. “In certiorari proceedings from an order of an administrative agency in a quasi-judicial proceeding, the circuit court is limited in the scope of its review to a determination of whether procedural due process had been accorded, whether essential requirements of law had been observed and whether the charges were supported by substantial, competent evidence. . . . ” Metropolitan Dade County v. Mingo, 339 So. 2d 302 (Fla.3d DCA 1976).
Appeal from the circuit court in the exercise of its common law certiorari jurisdiction is also a limited review. This review extends only to a determination of whether or not the circuit court followed procedural due process and applied the appropriate law. Metropolitan Dade County v. Mingo, supra. Neither reviewing court should reweigh the conflicting evidence. Chastain v. Civil Service Board of Orlando, 327 So. 2d 230 (Fla. 4th DCA 1976).
Our task is not any less difficult because of the lack of an opinion of the circuit court as to why he ruled as he did. From a review of the record it would appear that he re weighed the evidence; however, we are reluctant to make such a conclusion without providing him an opportunity to set forth his reasons in a written opinion. There is no hard and fast rule which requires a written opinion, even in reversing a lower tribunal; nevertheless, the custom in this State is to write an opinion where the judgment being reviewed is reversed. Rosenthal v. Scott, 131 So. 2d 480 (Fla.1961). Such an opinion will facilitate our task and promote the justice of this cause consistent with the limited review available to the parties.
Accordingly, jurisdiction of this cause is relinquished to the circuit court for a period of thirty days and the circuit judge is respectfully requested to prepare an opinion setting forth the theory and reasoning upon which he reversed the order of the Civil Service Board. Upon filing such opinion with this court we will then determine whether the applicable law was applied and the requirements of procedural due process met. It is so ordered.
ANSTEAD, J., and SIMONS, STUART M., Associate Judge, concur.
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City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)…nd rationale of the Fourth District in the present case. See also Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1980), review denied, 399 So. 2d 1140 (Fla.1981); Phipps v. Board of Adjustment, 388 So. 2d 317 (Fla. 4th DCA 1980); Campbell v. Vetter, 375 So. 2d 4 (Fla. 4th DCA 1979); Civil Service Board, City of Fort Lauderdale v. Carter, 363 So. 2d 858 (Fla. 4th DCA 1978). As a case moves up the appellate ladder, each level of review does not become broader. As Chief Judge Letts, speaking for the court, sai…
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Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1980)…e order of the circuit court. Previously, when this case was before us we considered the appropriate scope of our review by certiorari directed to circuit courts acting in their review capacity over local administrative boards.1 Campbell v. Vetter, 375 So. 2d 4 (Fla. 4th DCA 1979). We were unable to determine whether our writ should issue because the circuit court had reversed the order of the Board without an opinion. Accordingly, we temporarily relinquished jurisdiction to the circuit court to allow the…
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Cherokee Crushed Stone, Inc. v. City OF Miramar, 421 So. 2d 684 (Fla. 4th DCA 1982)…upon the proposition that review by the circuit court of administrative action, although referred to as certiorari, is not discretionary and in scope is basically the same as an appeal. City of Deerfield Beach v. Vaillant, supra; Campbell v. Vetter, 375 So. 2d 4 (Fla. 4th DCA 1979). See also Campbell v. Vetter, 392 So. 2d 6 (Fla. 4th DCA 1981). Conflicting with this court’s view in Vail-lant are, inter alia, the following cases: (1) Dade County v. Gayer, 388 So. 2d 1292 (Fla. 3d DCA 1980), which states, “S…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Metro. Dade Cnty. v. Sergeant Gerald Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976)
- Murray Rosenthal and Joseph Rosenthal v. Scott, 131 So. 2d 480 (Fla. 1961)
- Chastain v. Civil Serv. Bd. OF Orlando, 327 So. 2d 230 (Fla. 4th DCA 1976)