THE CITY OF NORTH PORT, FLORIDA
v.
WEST VILLAGERS FOR RESPONSIBLE GOVERNMENT, INC., AND JOHN MEISEL
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On second-tier certiorari review, when the circuit court has afforded procedural due process and applied the correct law, second-tier certiorari relief is not warranted.
[1] On second-tier certiorari review, an appellate court's inquiry is limited to whether the circuit court afforded procedural due process and whether the circuit court appli…
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Join FLexlaw to unlock all legal intelligence“As a case travels up the judicial ladder, review should consistently become narrower . . . .”
The court explained the principle that appellate review becomes more limited at higher levels of the judicial system.
The City Commission rejected West Villagers for Responsible Government and John Meisel's petition to contract the City's municipal boundaries pursuant…
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Cloud of GrayRobinson, Orlando, for Amicus Curiae Florida League of Cities, Inc. KHOUZAM, Judge.
The City of North Port petitions this court for second-tier certiorari review, seeking to quash the circuit court's order granting the first-tier certiorari petition filed by West Villagers for Responsible Government and John Meisel.
The circuit court quashed the City Commission's order rejecting West Villagers' petition to contract the City's municipal boundaries pursuant to section 171.051, Florida Statutes (2020).
We deny the City's petition. On a petition for second-tier certiorari, this court's review is extremely limited. "As a case travels up the judicial ladder, review should consistently become narrower . . . ." Nader v. Fla. Dep't of Highway Safety & Motor Vehicles, 87 So. 3d 712, 723 (Fla. 2012) (quoting Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995)).
On second-tier certiorari review, "[t]he inquiry is limited to whether the circuit court afforded procedural due process and whether the circuit court applied the correct law." Id. (quoting Heggs, 658 So. 2d at 530). "[A]ppellate courts must exercise caution not to expand certiorari jurisdiction to review the correctness of the circuit court's decision." Id.
Here, procedural due process is not at issue, and the circuit court applied the correct law. Because the circuit court applied the correct law, second-tier certiorari relief is not warranted. Accordingly, we deny the City's petition. Denied. MORRIS, C.J., and BLACK, J., Concur. __________________________ Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Nader v. Fla. Dep't OF Hwy. Safety & Motor Vehicles, 87 So. 3d 712 (Fla. 2012)