JUSTO MAQUEIRA, PETITIONER,
v.
THE MONTESSORI CHILDREN'S SCHOOL OF KEY WEST, INC., ET AL., RESPONDENTS

Fla. 3d DCA | 1993-08-10
No. 93-1071
Before SCHWARTZ, C.J., and BASKIN and LEVY, JJ.
622 So. 2d 597 Florida District Court of Appeal, Third District (1993) Positive Treatment
Cited by 5 cases
Opinion of the Court
LEVY, Judge.

LEVY, Judge.

Petitioner seeks a Writ of Certiorari to quash an order of the Circuit Court which, in turn, quashed a variance granted by the Key West Board of Adjustment.

Clearly, the record in this case is devoid of any evidence that would justify any finding that a “hardship” existed with regard to the use of the property by the petitioner. See City of Coral Gables v. Geary, 383 So. 2d 1127 (Fla. 3d DCA 1980).

Accordingly, the Circuit Court was eminently correct in quashing the variance that had erroneously been granted to the petitioner. See Maturo v. City of Coral Gables, 619 So. 2d 455 (Fla. 3d DCA 1993).

Certiorari denied.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Auerbach v. City OF Miami, 929 So. 2d 693 (Fla. 3d DCA 2006)
    …er” review of a circuit court decision, quashal of the variance is required. See City of Jacksonville v. Taylor, 721 So. 2d 1212 (Fla. 1st DCA 1998), review denied, 732 So. 2d 328 (Fla.1999); Maqueira v. Montessori Children’s Sch. of Key West, Inc., 622 So. 2d 597 (Fla. 3d DCA 1993); Maturo, 619 So. 2d at 455; Herrera, 600 So. 2d at 561; Metro. Dade County v. Betancourt, 559 So. 2d 1237 (Fla. 3d DCA 1990); Hemisphere Equity Realty Co., 369 So. 2d at 996; cf. Chisholm Props. S. Beach, Inc. v. City of Miami Bea…
  • Shumpert v. State, 703 So. 2d 1128 (Fla. 2d DCA 1997)
    …’ between the trial judge and the litigant. Bundy, 366 So. 2d at 442 (citation omitted). The most flagrant violation of this rule occurs when the trial court unequivocally states that the allegations in the affidavit are untrue. See Frost v. Ward, 622 So. 2d 597 (Fla. 4th DCA 1993); Hill v. Feder, 564 So. 2d 609 (Fla. 3d DCA 1990). Trial courts which conduct hearings, receive affidavits from third parties, or engage in argument with the filing attorney to determine the factual correctness of allegations in…
  • Valltos v. State, 707 So. 2d 343 (Fla. 2d DCA 1997)
    …attempts to refute the charges of partiality in an order denying the motion exceed the proper scope of inquiry and on that basis alone establish grounds for disqualification. See Bundy v. Rudd, 366 So. 2d 440, 442 (Fla.1978). See also Frost v. Ward, 622 So. 2d 597 (Fla. 4th DCA 1993); Townsend v. State, 564 So. 2d 594 (Fla. 2d DCA 1990); Hill v. Feder, 564 So. 2d 609 (Fla. 3d DCA 1990); Clark Auto Leasing and Rentals, Inc. v. Lupo, 547 So. 2d 1016 (Fla. 4th DCA 1989). This principle applies with equal force t…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw