46 NW 17 CT LLC
v.
CITY OF MIAMI
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A second-tier petition for writ of certiorari lacks jurisdiction when the petitioner cannot demonstrate that the circuit court's per curiam affirmance violated a clearly established principle of law resulting in a miscarriage of justice.
[1] A second-tier writ of certiorari is not available to review a circuit court's per curiam affirmance of an administrative order unless the affirmance violates a clearly es…
[2] A circuit court's per curiam affirmance, which provides a result without a written opinion, generally does not merit certiorari review in the district court, even if the…
Previewing 2 of 3 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“the circuit court's per curiam affirmance was not a violation of a clearly established principle of law resulting in a miscarriage of justice so as to permit our review by second-tier certiorari”
Standard for jurisdiction in second-tier certiorari review
46 NW 17 CT LLC sought to challenge a circuit court appellate division's affirmance of an administrative order by the City of Miami's Unsafe Structure…
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Opinion filed July 12, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-2059 Lower Tribunal No. 22-16 AP
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46 NW 17 CT LLC,
Petitioner,
vs.
City of 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. Michael Garcia, PA., and Michael Garcia (Fort Lauderdale), for petitioner. Victoria Méndez, City Attorney, and Bryan E. Capdevila and Eric J. Eves, Assistant City Attorneys, for respondent. Before EMAS, LINDSEY and GORDO, JJ. GORDO, J. In this petition for a second-tier writ of certiorari, Petitioner1 seeks to quash the circuit court appellate division’s per curiam affirmance of a final administrative order by the City of Miami’s Unsafe Structures Panel requiring the demolition of the Petitioner’s property. Because the circuit court’s per curiam affirmance was not a violation of a clearly established principle of law resulting in a miscarriage of justice so as to permit our review by second-tier certiorari, we conclude that we lack jurisdiction to grant relief. See Gables Ins. Recovery, Inc. v. Progressive Exp. Ins. Co., 159 So. 3d 863, 865 (Fla. 3d DCA 2014) (“[W]e see nothing in the record to indicate that the appellate division failed to afford GIR due process or that it applied the incorrect law. Petition dismissed.”); AbouElSeoud v. AIM Recovery Servs., Inc., 299 So. 3d 428, 429 (Fla. 3d DCA 2019) (“As Ms. AboulElSeoud has failed to show that (1) procedural due process was not afforded by the circuit court appellate division, and (2) the court departed from the essential requirements of law, we conclude that we lack jurisdiction to grant relief.”); State Farm Auto. Ins. Co. v. CC Chiropractic, LLC, 245 So. 3d 755, 758–59 (Fla. 4th DCA 2018) (“[T]he circuit court’s per curiam affirmance was not a violation of a clearly established principle of law resulting in a miscarriage of justice so as to permit our review by second-tier certiorari.”); Somerset Acad., Inc.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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46 NW 17 CT LLC v. City of Miami (Fla. 3d DCA 2023)…59 (Fla. 4th DCA 2018) (“[T]he circuit court’s per curiam affirmance was not a violation of a clearly established principle of law resulting in a miscarriage of justice so as to permit our review by second-tier certiorari.”); Somerset Acad., Inc. 1 46 NW 17 CT LLC. v. Miami-Dade Cnty. Bd. of Cnty. Comm’rs, 314 So. 3d 597, 599 (Fla. 3d DCA 2020) (“[A] circuit court order that . . . provides a result without a written opinion and therefore cannot act as precedent in future cases, will generally not mer…
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Alliston, 813 So. 2d 141 (Fla. 2d DCA 2002)
- State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 245 So. 3d 755 (Fla. 4th DCA 2018)
- Gables Ins. Recovery, Inc. v. Progressive Express Ins. Co., 159 So. 3d 863 (Fla. 3d DCA 2014)
- Abouelseoud v. Aim Recovery Servs., Inc. (Fla. 3d DCA 2019)