GONZALEZ
v.
CITY OF MIAMI
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The appellate division's dismissal of the consolidated appeals from the Code Enforcement Board and Unsafe Structures Panel was improper and must be quashed.
[1] A dismissal of an appeal is improper when the notice of appeal was timely filed.
[2] A petition for writ of certiorari may be granted to quash an improper dismissal order and remand for reinstatement of consolidated appeals.
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Join FLexlaw to unlock all legal intelligencePetitioner Gonzalez appealed an order from the Code Enforcement Board and an order from the City's Unsafe Structures Panel. The Eleventh Judicial Circ…
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PER CURIAM.
ON MOTION FOR REHEARING
Upon consideration of Petitioner’s Motion for Rehearing, we grant rehearing and withdraw the opinion of February 20, 2019, and substitute the following opinion in its place.
ON PARTIAL CONFESSION OF ERROR
Petitioner Haydee Alfaro Gonzalez seeks to reinstate two separate appeals, which the Eleventh Judicial Circuit Appellate Division consolidated and then dismissed.1 The City of Miami concedes that there was no basis to dismiss the appeal from the Code Enforcement Board (Case No. 18-88 AP). With respect to the appeal from the Unsafe Structures Panel (Case No. 18-249 AP), we hold that dismissal was improper because the notice of appeal was timely filed. We therefore grant the petition for writ of certiorari, quash the appellate division’s dismissal order, and remand for reinstatement of the consolidated appeals.
Petition granted; order quashed.