NEW NATIONAL, LLC
v.
EBJ SAGAMORE, LLC, ET AL.
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.
New National seeks second-tier certiorari review of an Appellate Division decision that denied its petition to quash a Historic Preservation Board order approving a Certificate of Appropriateness for hotel renovations and residential construction in Miami Beach. The court denies the petition, applying the highly restrictive second-tier certiorari standard.
The court denies New National's second-tier certiorari petition because the Appellate Division did not depart from the essential requirements of law. Under second-tier certiorari review, the district court may only determine whether the lower court afforded procedural due process and applied the correct law; it cannot review whether the underlying agency decision is supported by competent, substantial evidence.
[1] Second-tier certiorari review is limited to whether the lower court afforded procedural due process and applied the correct law.
[2] A departure from the essential requirements of law occurs when a ruling violates a clearly established principle of law, resulting in a miscarriage of justice.
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Join FLexlaw to unlock all legal intelligence“Second-tier certiorari review is not a matter of right and is similar in scope to common law certiorari review. The scope of the district court's review on second-tier certiorari is limited to whether the circuit court (1) afforded procedural due process, and (2) applied the correct law.”
Establishes the narrow standard of review applicable to second-tier certiorari petitions
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Join FLexlaw to unlock all legal intelligenceThe Historic Preservation Board's Special Magistrate approved Respondents' application for a Certificate of Appropriateness to renovate the Sagamore a…
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Third District Court of Appeal State of Florida
Opinion filed March 5, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0006 Lower Tribunal No. 24-15-AP-01 ________________
New National, LLC, Petitioner,
vs.
EBJ Sagamore, LLC, et al., Respondents.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Appellate Division, Miguel M. de la O, Daryl E. Trawick and Ramiro
C. Areces, Judges.
Sidley Austin LLP, and Lawrence D. Silverman, and Christopher D. Joyce, and Connor T. Evans, for petitioner. Bercow Radell Fernandez Larkin & Tapanes, PLLC, and Michael W. Larkin, and Graham Penn; Ricardo Dopico, City Attorney, and Nicholas E. Kallergis, Deputy City Attorney, and Freddi R. Mack, First Assistant City Attorney, for respondents.
Before SCALES, LINDSEY, and GORDO, JJ.
2
PER CURIAM.
New National, LLC petitions this Court for a writ of certiorari to quash a decision from the Eleventh Judicial Circuit Appellate Division. The Appellate Division denied New National’s certiorari petition, which sought to quash an order from the Special Magistrate for the Historic Preservation Board of the City of Miami Beach approving Respondents’ application for a Certificate of Appropriateness to renovate the Sagamore and Ritz-Carlton Hotels and to construct a residential building behind the Sagamore. Because New National seeks review of the Appellate Division’s decision, this case is before us on second tier certiorari review. In Miami-Dade County v. Omnipoint Holdings, Inc., 863 So. 2d 195, 199 (Fla. 2003), our Supreme Court explained the relevant standard as follows: Second-tier certiorari review is not a matter of right and is similar in scope to common law certiorari review. The scope of the district court’s review on second-tier certiorari is limited to whether the circuit court (1) afforded procedural due process, and (2) applied the correct law. In other words, this twopronged, second-tier review is simply another way of deciding whether the lower court “departed from the essential requirements of law.” A ruling constitutes a departure from the essential requirements of law when it amounts to “a violation of a clearly established principle of law resulting in a miscarriage of justice.” The district court may not review the
(Citations omitted).
Based on our extraordinarily limited standard of review, we are constrained to deny the petition without delving into the record because the Appellate Division did not depart from the essential requirements of the law. Petition denied.