TERRY HENLEY
v.
CITY OF NORTH MIAMI
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Second-tier certiorari review is limited to whether the circuit court afforded procedural due process and applied the correct law, and a circuit court's appellate decision rendered according to proper forms and rules is not remediable by certiorari even if erroneous in its legal conclusions.
[1] Second-tier certiorari review of a circuit court's appellate decision is limited to whether the circuit court afforded procedural due process and applied the correct law;…
Previewing 1 of 1 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”
From Custer Med. Ctr. v. United Auto. Ins. Co., defining the limited scope of certiorari review of circuit court appellate decisions
Terry Henley petitioned for a writ of certiorari to challenge an administrative decision made by the City of North Miami, which the circuit court's ap…
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Third District Court of Appeal
State of Florida
Opinion filed August 17, 2022. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-0337 Lower Tribunal No. 20-248 AP
________________
Terry Henley,
Petitioner,
vs.
City of North Miami,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami- Dade County, Appellate Division, Daryl E. Trawick, Lisa S. Walsh, and Maria de Jesus Santovenia, Judges. The Amlong Firm, and William R. Amlong and Jennifer Daley (Fort Lauderdale), for petitioner. Weiss Serota Helfman Cole & Bierman, P.L., and Laura K. Wendell and Richard B. Rosengarten, for respondent. Before MILLER, LOBREE and BOKOR, JJ.
PER CURIAM.
Denied. See Miami-Dade County 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.”); 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 County 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); see also Espinoza v. Dep’t of Bus. & Pro. Regul., 739 So. 2d 1250, 1251 (Fla. 3d DCA 1999) (“The general rule is that, apart from statute, the burden of proof is on the party asserting the affirmative of an issue before an administrative tribunal.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010)
- Miami-Dade Cnty. v. Omnipoint Holdings, Inc., 863 So. 2d 195 (Fla. 2003)
- Espinoza v. Dep't OF Bus. & Prof'l Reg., 739 So. 2d 1250 (Fla. 3d DCA 1999)
- Monroe Cnty. v. Thurmond St. P'rs, LLC, 319 So. 3d 739 (Fla. 3d DCA 2022)