LOIS BRANCH, APPELLANT,
v.
CHARLOTTE COUNTY AND WEST CHARLOTTE UTILITIES, INC., APPELLEES

Fla. 2d DCA | 1993-12-01
No. 93-00046
FRANK, C.J. and PARKER, J., concur.
627 So. 2d 577 Florida District Court of Appeal, Second District (1993)

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.

Synopsis

Lois Branch appealed a circuit court's denial of her petition for writ of certiorari challenging an interim rate increase granted by Charlotte County to West Charlotte Utilities. The district court affirmed the circuit court's decision and awarded attorney's fees to the utility because Branch's appeal raised no justiciable issues under the proper standard of review.


Holding

The district court denied Branch's petition for writ of certiorari because the circuit court correctly applied the substantial competent evidence standard and afforded Branch due process. The court also granted West Charlotte Utilities' motion for attorney's fees because Branch's briefs failed to address the appropriate legal issues for review and instead reargued the facts.


Headnotes

[1] A district court reviewing a circuit court's denial of a petition for writ of certiorari challenging an administrative decision may only determine if the petitioner recei…

[2] A circuit court's decision to sustain an administrative order based on the substantial competent evidence standard should be upheld if the circuit court applied that stan…

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Key Quotes

“When a district court reviews a circuit court's denial of a petition for writ of certiorari challenging a decision of an administrative body, the standard of review is very limited. The district court may only determine whether the petitioner was afforded due process and whether the circuit court applied the correct law.”

Establishes the narrow scope of review available in certiorari appeals, limiting the district court to due process and correct law application.

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Facts & Procedural History

Charlotte County granted an interim rate increase to West Charlotte Utilities, Inc. Lois Branch filed a petition for writ of certiorari in the circuit…

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Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Lois Branch filed a petition for writ of certiorari in the circuit court, challenging Charlotte County’s decision to grant an interim rate increase to West Charlotte Utilities, Inc. She asks this court to review, by direct appeal, the circuit court’s denial of her petition. We treat her appeal as a petition for writ of common law certiorari. See Alfonso v. Department of Environmental Regulation, 616 So. 2d 44 (Fla.1993); Lee County v. Sunbelt Equities, II, Ltd. Partnership, 619 So. 2d 996 (Fla. 2d DCA 1993). We deny the petition.

When a district court reviews a circuit court’s denial of a petition for writ of certiorari challenging a decision of an administrative body, the standard of review is very limited.

The district court may only determine whether the petitioner was afforded due process and whether the circuit court applied the correct law. Education Development Center, Inc. v. West Palm Beach Zoning Bd. of Appeals, 541 So. 2d 106 (Fla.1989); Sunbelt Equities. There is no question that Branch was afforded due process.

The circuit court found that Charlotte County’s order granting the rate increase was supported by substantial, competent evidence.

The circuit court, therefore, applied the correct standard of review and we must deny the petition. Sunbelt Equities, 619 So. 2d at 1003-4 (“if the correct rule of law for a circuit court to apply were the ‘substantial competent evidence’ standard, and the court did apply that standard, its decision should be sustained”).

West Charlotte Utilities has moved for appellate attorney’s fees under section 57.105, Florida Statutes (1991).

The standard under this statute is very stringent. There must be a complete absence of a justiciable issue raised by the losing party, which renders the action completely untenable. Ciaramello v. D’Ambra, 613 So. 2d 1324 (Fla. 2d DCA 1991), review denied, 599 So. 2d 654 (Fla.1992).

Although it is unusual for us to find this standard has been met in an appeal, in this case we hold that an award of attorney’s fees under section 57.105 is appropriate. Branch’s briefs do not address either of the issues appropriate to the standard of review in this ease, that is, due process and application of the correct law. Instead, she argues that the circuit court’s order was not supported by substantial, competent evidence and reargues the facts previously presented to the lower court. Under Education Development Center, we are not permitted to “disagree[ ] with the circuit court’s evaluation of the evidence.” 541 So. 2d at 108-9. Because we may not address the only argument Branch has raised in her briefs, there is a complete absence of a justiciable issue in this appeal. Under these limited circumstances, we grant West Charlotte Utilities’ motion for attorney’s fees and remand to the trial court for determination of the amount to be awarded.

Petition for writ of common law certiorari denied. Motion for attorney’s fees granted.

FRANK, C.J. and PARKER, J., concur.


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