MIAMI-DADE COUNTY, PETITIONER,
v.
THOMAS AND MICHELLE TORBERT, RESPONDENTS
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The circuit court's one-sentence opinion reversing the County's zoning decision was an improper per curiam reversal, departing from the essential requirements of law.
Property owners applied for a zoning exception, which the County denied. The circuit court reversed the denial with a one-sentence opinion stating the…
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Miami-Dade County (“the County”) petitioned this Court for second-tier certiora-ri review of a Miami-Dade Circuit Court Appellate Division opinion. We grant the petition.
Thomas and Michelle Torbert (“the Torberts”) own property zoned for agricultural use in Miami-Dade County. The Torberts applied to develop the property pursuant to a plat zoning exception. After a zoning hearing, the County denied the application.
The Torberts appealed to the circuit court, and the circuit court reversed the lower tribunal. The circuit court issued a one-sentence opinion which stated, “[t]he Miami-Date County Board of the County Commission (BOCC) failed to follow the applicable law and its decision was not based on substantial competent evidence.” The County appealed.
On second-tier review, this Court determines whether the circuit court afforded procedural due process and applied the correct law. Dusseau v. Metro. Dade County Bd. of County Comm’rs, 794 So.2d 1270,1274 (Fla.2001). This Court has held that an appellate court “cannot issue what amounts to a ‘Per Curiam Reversal,’ that is, a reversal without a written opinion.” State Dep’t of Highway Safety & Motor Vehicles v. Trauth, 937 So.2d 758, 759 (Fla. 3d DCA2006).
Here, the circuit court’s opinion fails to explain the reason for.reversing the lower tribunal. Thus, the circuit court issued an opinion which amounts to a per curiam reversal. In so doing, the circuit court departed from the essential requirements of the law.
Accordingly, we grant certiorari, quash the circuit court opinion, and remand for further proceedings.
Petition granted.
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City OF Sunny Isles Beach v. Publix Supermarkets, Inc., 53 So. 3d 1237 (Fla. 3d DCA 2011)…enth Judicial Circuit Court, Appellate Division (“Circuit Court”). We grant the petition as an appellate court cannot grant certio-rari, thus quashing, an administrative decision, without providing reasons for so doing. Miami-Dade County v. Torbert, 39 So. 3d 482 (Fla. 3d DCA 2010); State Dep’t of Highway Safety & Motor Vehicles v. Trauth, 937 So. 2d 758 (Fla. 3d DCA 2006). Accordingly, we grant the petition, quash the per curiam reversal issued below, and remand for the Circuit Court to issue a written op…
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Miami-Dade Cnty. v. Thomas and Michelle Torbert, 69 So. 3d 970 (Fla. 3d DCA 2011)…Court Appellate Division reversed the Board of County Commissioners in a per curiam decision. The County’s petition for writ of certiorari that followed was quashed by this Court for reissuance of a written opinion. See Miami-Dade Cnty. v. Torbert, 39 So. 3d 482 (Fla. 3d DCA 2010). The circuit court then issued a written opinion on motion for clarification quashing Resolution Z-l-109. The circuit court first concluded that the Board of County Commissioners applied incorrect law — holding that the correct la…
Authorities Cited
- Dusseau v. Metro. Dade Cnty. Bd. OF Cnty. Comm'rs, 794 So. 2d 1270 (Fla. 2001)
- Smith v. State, 937 So. 2d 758 (Fla. 1st DCA 2006)