BOOS DEVELOPMENT GROUP, INC., ETC., ET AL., PETITIONERS,
v.
1500 OCEAN DRIVE CONDOMINIUM, ETC., ET AL., RESPONDENTS

Fla. 3d DCA | 2015-07-01
No. 3D15-315
Before SUAREZ, C.J., and LAGOA and FERNANDEZ, JJ.
167 So. 3d 519 Florida District Court of Appeal, Third District (2015) Positive Treatment
Cited by 1 case


Opinion of the Court
SUAREZ, C.J.

SUAREZ, C.J.

In this zoning matter, Petitioners Boos Development Group, Inc., and CVS 10346 FL, LLC, petition this Court for a second-tier writ of certiorari to quash an order of the appellate division of the Eleventh Judicial Circuit granting Respondents’ petition for certiorari relating to minor variances which were granted in connection with the development of Petitioner’s property.

Based on this Court’s narrow standard of review in a second tier certiorari proceeding, we must deny the petition. A review of the record, petition, response, and reply, and the opinion issued by the circuit court appellate division shows that there was not a denial of due process and that the appellate division applied the correct law. See Ivey v. Allstate Ins. Co., 774 So.2d 679, 680 (Fla.2000); Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 525 (Fla.1995).


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Cited By

  • City OF Miami v. Diocese OF Newton Melkite Church, 176 So. 3d 388 (Fla. 3d DCA 2015)
    …74 So. 2d 679, 682 (Fla.2000) (“[T]he proper inquiry under certiorari review is limited to whether the circuit court afforded procedural due process and whether it applied the correct law.”); see also Boos Dev. Grp., Inc. v. 1500 Ocean Drive Condo., 167 So. 3d 519 (Fla. 3d DCA 2015); Miller v. Hernando Cnty., 931 So. 2d 172 (Fla. 5th DCA 2006). Accordingly, we deny the City’s petition. PETITION DENIED.…

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