STATE OF FLORIDA, PETITIONER,
v.
MICHAEL W. GREEN, RESPONDENT
BARKETT, Justice.
We have for review Green v. State, 528 So. 2d 1233 (Fla. 1st DCA 1988), based on express and direct conflict with State v. Wells, 539 So. 2d 464 (Fla.1989) (on rehearing). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court below expressly relied on the holding of Miller v. State, 403 So. 2d 1307 (Fla.1981), superseded by Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987) as recognized in State v. Wells, 539 So. 2d 464 (Fla.1989) (on rehearing). Accordingly, we quash the opinion below and remand for reconsideration in light of Wells.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, SHAW, GRIMES and KOGAN, JJ., concur.
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Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)…ANSTEAD, Justice. We have for review the following question certified to be of great public importance: AFTER EDUCATION DEVELOPMENT CENTER, INC. v. CITY OF WEST PALM BEACH, 541 So. 2d 106 (Fla.1989), DOES THE STANDARD OF REVIEW IN COMBS v. STATE, 436 So. 2d 93 (Fla. 1983), STILL GOVERN A DISTRICT COURT OF APPEAL WHEN IT REVIEWS, PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.030(b)(2)(B), AN ORDER OF A CIRCUIT COURT ACTING IN ITS…1 / 2
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Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010)…the circuit court applied an incorrect principle of law or that the decision constituted a miscarriage of justice, “as required by this Court’s precedents.” Ivey, 774 So. 2d at 683; see also Educ. Dev. Ctr., Inc. v. City of W. Palm Beach Zoning Bd., 541 So. 2d 106, 108-09 (Fla.1989). Instead, the decision below conveys that the district court of appeal simply disagreed with the circuit court’s determination and interpretation of the applicable law. See Ivey, 774 So. 2d at 683; Educ. Dev. Ctr., Inc., 541 So.…
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Broward Cnty. v. G.B.V. Int'l, Ltd., 787 So. 2d 838 (Fla. 2001)…Haddad, supra note 6 at 207. . Haines City Community Dev. v. Heggs, 658 So. 2d at 530 ("As a case travels up the judicial ladder, review should consistently become narrower, not broader.”). . See also Educ. Dev. Center v. City of West Palm Beach, 541 So. 2d 106 (Fla.1989) (reaffirming Vaillant). The Court later explained that the two second-tier requirements, i.e., "afforded procedural due process” and "applied the correct law,” are simply another way of deciding whether the lower court "departed from the…
Previewing 3 of 81 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Colorado v. Bertine, 479 U.S. 367 (U.S. 1987)
- State v. Wells, 539 So. 2d 464 (Fla. 1989)
- Sims Crane Serv., Inc. v. Am-Cal Constr. Co., 403 So. 2d 1307 (Fla. 1980)
- Green v. State, 528 So. 2d 1233 (Fla. 1st DCA 1988)