WILLIAM A. MILLER AND LINDA K. MILLER, PETITIONER,
v.
HERNANDO COUNTY, ETC., RESPONDENT
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The court held that the circuit court correctly applied the law and afforded procedural due process when denying the petition for writ of certiorari.
Petitioners sought review of a county board's denial of their rezoning request. The circuit court, in its appellate capacity, denied their petition fo…
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ORFINGER, J.
In this second-tier certiorari proceeding, William A. Miller and Linda K. Miller seek review of an order of the circuit court entered in its appellate capacity, denying their petition for writ of certiorari filed after the Hernando County Board of Commissioners denied the Millers’ rezoning request.
Second-tier certiorari review is not a matter of right and is similar in scope to common law certiorari review. Miami-Dade County v. Omnipoint Holdings, Inc., 863 So. 2d 195, 199 (Fla.2003). The scope of the district court’s review on second-tier certiorari is limited to whether the circuit court (1) afforded procedural due process, and (2) applied the correct law. Id. However, this Court may not review the record to determine whether the underlying decision is supported by competent, substantial evidence. Fla. Power & Light Co. v. City of Dania, 761 So. 2d 1089, 1092-93 (Fla.2000). Second-tier certiorari review is not a second appeal.
Having carefully reviewed the record, we conclude that the circuit court afforded the Millers procedural due process and applied the correct law. Accordingly, we must deny the Millers’ petition. Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523 (Fla.1995).
PETITION DENIED.
MONACO and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF Miami v. Diocese OF Newton Melkite Church, 176 So. 3d 388 (Fla. 3d DCA 2015)…rtiorari review is limited to whether the circuit court afforded procedural due process and whether it applied the correct law.”); see also Boos Dev. Grp., Inc. v. 1500 Ocean Drive Condo., 167 So. 3d 519 (Fla. 3d DCA 2015); Miller v. Hernando Cnty., 931 So. 2d 172 (Fla. 5th DCA 2006). Accordingly, we deny the City’s petition. PETITION DENIED.…
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Fla. Power & Light Co. v. City OF Dania, 761 So. 2d 1089 (Fla. 2000)
- Miami-Dade Cnty. v. Omnipoint Holdings, Inc., 863 So. 2d 195 (Fla. 2003)