46 NW 17 CT LLC,
v.
CITY OF MIAMI,
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Petitioner seeks second-tier certiorari review of a circuit court's per curiam affirmance of an administrative order requiring demolition of its property. The District Court of Appeal dismisses the petition for lack of jurisdiction, holding that petitioner failed to demonstrate a violation of clearly established law or a miscarriage of justice warranting second-tier review.
The court lacks jurisdiction to grant second-tier certiorari relief because petitioner failed to show that the circuit court appellate division violated a clearly established principle of law or that a miscarriage of justice occurred.
[1] Second-tier certiorari review is limited to situations where the circuit court appellate division's per curiam affirmance violates a clearly established principle of law…
[2] A per curiam affirmance by a circuit court appellate division, without a written opinion, generally does not warrant certiorari review in the district court, even if the…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because the circuit court's per curiam affirmance was not a violation of a clearly established principle of law resulting in a miscarriage of justice so as to permit our review by second-tier certiorari, we conclude that we lack jurisdiction to grant relief.”
Establishes the standard for second-tier certiorari jurisdiction and why the court lacks jurisdiction in this case.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe City of Miami's Unsafe Structures Panel issued a final administrative order requiring the demolition of Petitioner's property. The circuit court a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Second-Tier Writ Of Certiorari cases and more on FLexlaw
GORDO, J.
In this petition for a second-tier writ of certiorari, Petitioner1 seeks to quash the circuit court appellate division’s per curiam affirmance of a final administrative order by the City of Miami’s Unsafe Structures Panel requiring the demolition of the Petitioner’s property.
Because the circuit court’s per curiam affirmance was not a violation of a clearly established principle of law resulting in a miscarriage of justice so as to permit our review by second-tier certiorari, we conclude that we lack jurisdiction to grant relief.
See Gables Ins. Recovery, Inc. v. Progressive Exp. Ins. Co., 159 So. 3d 863, 865 (Fla. 3d DCA 2014) (“[W]e see nothing in the record to indicate that the appellate division failed to afford GIR due process or that it applied the incorrect law. Petition dismissed.”); AbouElSeoud v. AIM Recovery Servs., Inc., 299 So. 3d 428, 429 (Fla. 3d DCA 2019) (“As Ms. AboulElSeoud has failed to show that (1) procedural due process was not afforded by the circuit court appellate division, and (2) the court departed from the essential requirements of law, we conclude that we lack jurisdiction to grant relief.”); State Farm Auto. Ins. Co. v. CC Chiropractic, LLC, 245 So. 3d 755, 758–59 (Fla. 4th DCA 2018) (“[T]he circuit court’s per curiam affirmance was not a violation of a clearly established principle of law resulting in a miscarriage of justice so as to permit our review by second-tier certiorari.”); Somerset Acad., Inc. 1 46 NW 17 CT LLC.
v. Miami-Dade Cnty. Bd. of Cnty. Comm’rs, 314 So. 3d 597, 599 (Fla. 3d DCA 2020) (“[A] circuit court order that . . . provides a result without a written opinion and therefore cannot act as precedent in future cases, will generally not merit certiorari review in the district court, even if the district court might disagree with the result.” (quoting Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So. 2d 141, 145 (Fla. 2d DCA 2002))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Alliston, 813 So. 2d 141 (Fla. 2d DCA 2002)
- State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 245 So. 3d 755 (Fla. 4th DCA 2018)
- Gables Ins. Recovery, Inc. v. Progressive Express Ins. Co., 159 So. 3d 863 (Fla. 3d DCA 2014)
- 46 NW 17 CT LLC v. City of Miami (Fla. 3d DCA 2023)