LEON COUNTY, FLORIDA, APPELLANT,
v.
EDWARD M. MITCHELL, APPELLEE
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PER CURIAM.
Leon County seeks review of the trial court’s order granting Edward Mitchell’s petition for writ of certiorari. That order reversed the hearing officer’s determination that Mitchell was not vested against the county’s comprehensive plan, and remanded the cause to the county with instructions that Mitchell’s application for vested rights be granted.
The standard of review for a district court in reviewing the trial court’s order under Florida Rules of Appellate Procedure 9.030(b)(2)(B) consists of a determination of whether the circuit court afforded procedural due process and applied the correct law. Education Dev. Ctr. v. City of West Palm Beach Zoning Board of Appeals, 541 So. 2d 106 (Fla.1989). Based on the record before us, we are unable to conclude that the trial court did not afford procedural due process or did not apply the correct law to the facts. We therefore deny the county’s petition for writ of certiorari.
MINER, ALLEN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Equity Res., Inc. v. Cnty. OF Leon, 643 So. 2d 1112 (Fla. 1st DCA 1994)…orded procedural due process and applied the correct law. Education Dev. Ctr., Inc. v. City of West Palm Beach Zoning Bd. of Appeals, 541 So. 2d 106 (Fla.1989); City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982); Leon County v. Mitchell, 611 So. 2d 104 (Fla. 1st DCA 1992). Based on the record before us, we conclude that the trial court did not apply the correct law to the facts and therefore grant the writ.1 I. The instant dispute arises under the Leon County 2010 Comprehensive Land Use Plan. Pu…
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Pruitt v. State, 682 So. 2d 629 (Fla. 3d DCA 1996)…tached, neutral and unemotional in such matters. The bottom line is, appellate courts should not fiddle with completely legal sentences. I would deny certiorari review. See State v. Joines, 549 So. 2d 771 (Fla. 3d DCA 1989); Leon County v. Mitchell, 611 So. 2d 104 (Fla. 1st DCA 1992).…
Authorities Cited
- Educ. Dev. Ctr., Inc. v. City OF W. Palm Beach Zoning Bd. OF Appeals, 541 So. 2d 106 (Fla. 1989)
- State v. Green, 541 So. 2d 106 (Fla. 1989)