MANATEE COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, PETITIONER,
v.
CITY OF BRADENTON, FLORIDA, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, CITY COUNCIL OF THE CITY OF BRADENTON, FLORIDA, TRACY HALLEN-BECK, WILLIS R. HERMANN REVOCABLE TRUST U/A/D MARCH 20, 1996, MARITA J. HERMANN REVOCABLE TRUST U/A/D MARCH 20, 1996, PAMELA K. HOWARD, KELLEY FAMILY LIVING TRUST, NORDIC OF FLORIDA DEVELOPMENT, INC., A FLORIDA CORPORATION, MARIA C. PARDO, JUAN CARLOS CURCI, ANDREW PYNE, KIM A. PYNE, GEORGE T. STOLT, CINDY DRING, RICK M. STOWE, AND NORMAN WORTHINGTON, RESPONDENTS
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The court held that the county's petition for certiorari should be denied because it failed to demonstrate the circuit court applied the wrong law, only that it misapplied the correct law.
Manatee County petitioned for a writ of common law certiorari to quash an order denying its challenge to a City of Bradenton ordinance annexing county…
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KELLY, Judge.
Manatee County petitions for a writ of common law certiorari to quash an order of the circuit court sitting in its appellate capacity. The order denied the county’s amended petition for writ of certiorari which challenged an ordinance enacted by the City of Bradenton. The disputed ordinance annexed real property located in an unincorporated portion of Manatee County into the city.
In its review of the ordinance, the circuit court applied the proper standard for certiorari review of an administrative action as set out in Haines City Community Development v. Heggs, 658 So. 2d 523, 530 (Fla.1995). The court considered: 1) whether the agency action afforded the parties procedural due process; 2) whether the essential requirements of law were observed; and 3) whether the agency action is supported by competent, substantial evidence.
This court may review only “whether the circuit court afforded procedural due process and whether the circuit court applied the correct law.” Id. Manatee County acknowledged that this was the appropriate standard of review, but argued only that the circuit court misinterpreted what the parties agree are the applicable statutes.1 Because Manatee County did not demonstrate that the circuit court applied the wrong law, but rather argued that it misapplied the correct law, the petition for writ of certiorari is denied. See Martin County v. City of Stuart, 736 So. 2d 1264 (Fla. 4th DCA1999).
DAVIS and SILBERMAN, JJ., concur. . Manatee County did not claim that it was deprived of procedural due process.
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State v. Edenfield, 58 So. 3d 904 (Fla. 1st DCA 2011)…of incorrect law, misapplication of correct law by a circuit court sitting in its appellate capacity generally does not constitute a violation of clearly established law resulting in a miscarriage of justice.”); Manatee County v. City of Bradenton, 828 So. 2d 1083,1084 (Fla. 2d DCA 2002). The Supreme Court has explained the policy giving rise to the narrow standard of review applicable to second-tier review, as follows: the district court’s exercise of its discretionary certiorari jurisdiction should depen…
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Alger v. United States (Fla. 3d DCA 2019)…, misapplication of correct law by a circuit court sitting in its appellate capacity generally does not constitute a violation of clearly established law resulting in a miscarriage of justice.”) (citation omitted); Manatee Cty. v. City of Bradenton, 828 So. 2d 1083, 1084 (Fla. 2d DCA 2002) (As petitioner failed to demonstrate “that the circuit court applied the wrong law, but rather argued that it misapplied the correct law, the petition for writ of certiorari [was] denied.”) (citation omitted); Save Brickell…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Martin Cnty. v. The City OF Stuart, 736 So. 2d 1264 (Fla. 4th DCA 1999)