400 EAST BAY STREET, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, AND CUTHRELL & KLOEPPEL PROPERTIES, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, PETITIONERS,
v.
THE PLAZA CONDOMINIUM ASSOCIATION AT BERKMAN PLAZA, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, RESPONDENT
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The First District Court of Appeal denied a second-tier certiorari petition from condominium owners challenging a circuit court's appellate decision, finding the circuit court afforded due process and did not depart from essential requirements of law.
Second-tier certiorari relief requires a showing that the circuit court failed to afford procedural due process or departed from essential requirements of law resulting in a miscarriage of justice, which the petitioners failed to demonstrate.
[1] Second-tier certiorari review is available only upon a showing that the circuit court failed to afford procedural due process or departed from essential requirements of l…
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Join FLexlaw to unlock all legal intelligenceCondominium owners 400 East Bay Street, LLC and Cuthrell & Kloeppel Properties, LLC sought a writ of certiorari challenging a circuit court's appellat…
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In this second-tier certiorari action, condominium owners 400 East Bay Street, LLC., and C.uthrell & Kloeppel Properties, LLC., (collectively the .Owners) filed a petition for writ of certiorari in this -Court, claiming error by the circuit judge acting in his appellate capacity. In order to be granted relief in second-tier certiorari, the petitioners/Owners must show that .the circuit court did not afford procedural due process and did not observe the essential requirements of law. See Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530 (Fla.1995); State v. Bolware, 999 So.2d 660, 661 (Fla. 1st DCA 2003). Certiorari review of a circuit court’s appellate decision is narrow and must not be utilized as a means of obtaining a second appeal. Heggs, 658 So.2d at 529 (quoting Combs v. State, 436 So.2d 93, 95-96 (Fla.1983)). The Florida Supreme Court has recently reiterated, in no uncertain terms, that second-tier certiorari review is to be granted on a very limited basis. Florida Parole Comm’n v. Taylor, 132 So.3d 780 (Fla.2014). That is, a grant of second-tier cer-tiorari review requires “a departure from the essential requirement of law resulting in a miscarriage of justice.” Id. at 783 (citation omitted).
We find that the circuit court afforded the Owners due process and did not depart from the essential requirements of law in reviewing the decision of the county court. Therefore, the standards for second-tier certiorari are not met here.
DENIED.
SWANSON and BILBREY, JJ., concur.
MAKAR, J., Concurs With Written Opinion.
concurs with opinion.
The appellate opinion of the circuit court is sustainable in light of the high bar that second-tier certiorari review sets, and for that reason I concur in the majority opinion. As to the accord and satisfaction issue, I write to note that the county court’s factual finding (affirmed by the circuit court) that the Owners did not act in good faith is supportable only if based on the actions of the Owners overall vis-á-vis the Association; making payments to a “lockbox” as a means of obtaining an accord and satisfaction of the parties’ disputes, if standing alone, would appear to be insufficient for such a finding.
MAKAR, J.,
concurs with opinion.
The appellate opinion of the circuit court is sustainable in light of the high bar that second-tier certiorari review sets, and for that reason I concur in the majority opinion. As to the accord and satisfaction issue, I write to note that the county court’s factual finding (affirmed by the circuit court) that the Owners did not act in good faith is supportable only if based on the actions of the Owners overall vis-á-vis the Association; making payments to a “lockbox” as a means of obtaining an accord and satisfaction of the parties’ disputes, if standing alone, would appear to be insufficient for such a finding.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Combs v. State, 436 So. 2d 93 (Fla. 1983)
- Fla. Parole Comm'n v. Taylor, 132 So. 3d 780 (Fla. 2014)
- State v. Demello Bolware, 999 So. 2d 660 (Fla. 1st DCA 2003)