HERNANDEZ
v.
MIAMI-DADE CNTY.
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.
The Third District Court of Appeal denied a petition for second-tier certiorari review, finding that the petitioner failed to demonstrate a violation of a clearly established legal principle that resulted in a miscarriage of justice. The case involved the dismissal of an employee from county employment.
No, the petitioner failed to demonstrate a violation of a clearly established legal principle that resulted in a miscarriage of justice.
[1] Second-tier certiorari review is limited to situations where a circuit court appellate division's per curiam affirmance violates a clearly established principle of law re…
[2] A circuit court order that provides a result without a written opinion and therefore cannot act as precedent in future cases will generally not merit certiorari review in…
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Join FLexlaw to unlock all legal intelligence“As such, we are limited to a determination of whether Petitioner has demonstrated a violation of a clearly established legal principle that resulted in a miscarriage of justice.”
This quote establishes the legal standard applied by the court for second-tier certiorari review.
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Join FLexlaw to unlock all legal intelligenceMoises Hernandez was dismissed from his employment with Miami-Dade County. This dismissal was affirmed by the circuit court appellate division, which …
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Third District Court of Appeal
State of Florida
Opinion filed May 30, 2018. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D17-1364 Lower Tribunal Nos. 15-0198, 01-14-0002-2344
________________
Moises Hernandez,
Petitioner,
vs.
Miami-Dade County,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Appellate Division, Eric William Hendon, Antonio Marin, and Thomas Rebull, Judges.
Law Office of Leslie Holland, and Leslie Holland, for petitioner.
Abigail Price-Williams, Miami-Dade County Attorney, and William X. Candela, Assistant County Attorney, for respondent.
Before ROTHENBERG, C.J., and LAGOA, and LINDSEY, JJ.
PER CURIAM.
Petitioner, Moises Hernandez, brought this case as an appeal from the circuit court appellate division’s per curiam affirmance of the Miami-Dade County
Mayor’s decision dismissing Petitioner from his employment with the County based on the findings and recommendations of a hearing officer following a civil service hearing conducted pursuant to Section 2-47 of the Miami-Dade County
Code. We treat the appeal as a petition for second-tier certiorari review. See Fla. R. App. P. 9.030(b)(2)(B).
As such, we are limited to a determination of whether Petitioner has demonstrated a violation of a clearly established legal principle that resulted in a miscarriage of justice. See Miami-Dade Cty v. Omnipoint Holdings, Inc., 863 So. 2d 195, 199 (Fla. 2003). In considering the evidence in the record, we find he has not and, therefore, deny the petition.