PAGE SHUFF, PETITIONER,
v.
CITY OF OPA LOCKA, AND SERENITY LAKES, LTD., RESPONDENTS
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ROTHENBERG, Judge.
The circuit court, acting in its appellate capacity, denied the petitioner’s petition for writ of certiorari. Our review is, therefore, limited to whether the circuit court denied the petitioner procedural due process and whether the decision is a departure from the essential requirements of the law. See Ortega v. United Auto. Ins. Co., 847 So. 2d 994 (Fla. 3d DCA), review dismissed, 859 So. 2d 516 (Fla.2003). While the circuit court issued a per curium denial of the petition for writ of certiorari, after a review of the record we conclude that petitioner has been afforded procedural due process and the circuit court sitting in its appellate capacity did not depart from the essential requirements of the law. See Miami-Dade County v. Omnipoint Holdings, Inc., 863 So. 2d 195, 199 (Fla.2003)(explaining that a ruling consti tutes a departure from the essential requirements of the law when it amounts to a violation of a clearly established principle of law resulting in a miscarriage of justice).
Petition denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Quincoces v. Quincoces, 10 So. 3d 657 (Fla. 3d DCA 2009)…to support the trial court’s determination that the father did not receive adequate notice or opportunity to present his case. Because denial of due process constitutes a departure from the essential requirements of law, Shuff v. City of Opa Locka, 907 So. 2d 648 (Fla. 3d DCA 2005); Dep’t of Revenue v. Freeman, 762 So. 2d 580 (Fla. 5th DCA 2000), the trial court did not err by remanding the case to the magistrate to provide the father with a fair opportunity to present his case. We additionally find that ba…
Authorities Cited
- Miami-Dade Cnty. v. Omnipoint Holdings, Inc., 863 So. 2d 195 (Fla. 2003)
- Ortega v. United Auto. Ins. Co., 847 So. 2d 994 (Fla. 3d DCA 2003)