MONROE COUNTY, FLORIDA
v.
THURMOND STREET PARTNERS, LLC
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A circuit court's appellate decision that applies the correct law to a new set of facts, even if arguably erroneous in its legal conclusion, is not remediable by second-tier certiorari.
[1] Second-tier certiorari review is limited to whether the circuit court afforded procedural due process and applied the correct law.
[2] Certiorari jurisdiction cannot be used to create new law where the decision below recognizes the correct general law and applies it to a new set of facts.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[A] circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.”
Court citing Custer Med. Ctr. v. United Auto. Ins. Co. to establish standard for second-tier certiorari review
Monroe County petitioned for writ of certiorari from the Circuit Court for Monroe County's Appellate Division decision in appeals arising from proceed…
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PER CURIAM.
Denied. See Miami-Dade Cnty. v. Omnipoint Holdings, Inc., 863 So. 2d 195, 199 (Fla. 2003) (“[Second-tier certiorari review is] limited to whether the circuit court (1) afforded procedural due process, and (2) applied the correct law.”); Nader v. Fla. Dep’t of Highway Safety & Motor Vehicles, 87 So. 3d 712, 723 (Fla. 2012) (“Moreover, certiorari jurisdiction cannot be used to create new law where the decision below recognizes the correct general law and applies the correct law to a new set of facts to which it has not been previously applied.”); Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086, 1093 (Fla. 2010) (“[A] circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.”) (emphasis omitted); Miami-Dade Cnty. v. Snapp Indus., Inc., 319 So. 3d 739, 741 (Fla. 3d DCA 2021) (concluding the circuit court applied the correct law despite the county’s argument that the circuit court reweighed the evidence presented at the evidentiary hearing); City of Miami v. Hervis, 65 So. 3d 1110, 1115 (Fla. 3d DCA 2011) (“[I]t is not the function of this Court on second-tier certiorari to correct error or reweigh the evidence.”).
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Monroe Cnty. v. Thurmond St. P'rs, LLC, 319 So. 3d 739 (Fla. 3d DCA 2022)…dering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.”) (emphasis omitted); Miami-Dade Cnty. v. Snapp Indus., Inc., 319 So. 3d 739, 741 (Fla. 3d DCA 2021) (concluding the circuit court applied the correct law despite the county’s argument that the circuit court reweighed the evidence presented at the evidentiary hearing); City of Miami v. Hervis, 65 So. 3d 1110, 1115 (Fla.…
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Henley v. City of N. Miami, 26 Fla. L. Weekly Supp. 241 (Fla. 3d DCA 2022)
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Fla. Wood Recycling, Inc v. The Town of Medley (11th Cir. Ct. App. Div. 2017)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010)
- Nader v. Fla. Dep't OF Hwy. Safety & Motor Vehicles, 87 So. 3d 712 (Fla. 2012)
- Miami-Dade Cnty. v. Omnipoint Holdings, Inc., 863 So. 2d 195 (Fla. 2003)
- Monroe Cnty. v. Thurmond St. P'rs, LLC, 319 So. 3d 739 (Fla. 3d DCA 2022)
- City OF Miami v. Hervis, 65 So. 3d 1110 (Fla. 3d DCA 2011)