HERNANDEZ
v.
MIAMI-DADE CNTY.

Fla. 3d DCA | 2018-05-30
No. 3D17–1364
Adkins, Ehrlich, McDonald, Overton, Shaw
245 So. 3d 1007 Florida District Court of Appeal, Third District (2018)

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.

Synopsis

The Third District Court of Appeal denied a petition for second-tier certiorari review, finding that the petitioner failed to demonstrate a violation of a clearly established legal principle that resulted in a miscarriage of justice. The case involved the dismissal of an employee from county employment.


Holding

No, the petitioner failed to demonstrate a violation of a clearly established legal principle that resulted in a miscarriage of justice.


Headnotes

[1] Second-tier certiorari review is limited to situations where a circuit court appellate division's per curiam affirmance violates a clearly established principle of law re…

[2] A circuit court order that provides a result without a written opinion and therefore cannot act as precedent in future cases will generally not merit certiorari review in…

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

Key Quotes

“As such, we are limited to a determination of whether Petitioner has demonstrated a violation of a clearly established legal principle that resulted in a miscarriage of justice.”

This quote establishes the legal standard applied by the court for second-tier certiorari review.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Moises Hernandez was dismissed from his employment with Miami-Dade County. This dismissal was affirmed by the circuit court appellate division, which …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed May 30, 2018. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D17-1364 Lower Tribunal Nos. 15-0198, 01-14-0002-2344

________________

Moises Hernandez,

Petitioner,

vs.

Miami-Dade County,

Respondent.

On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Appellate Division, Eric William Hendon, Antonio Marin, and Thomas Rebull, Judges.

Law Office of Leslie Holland, and Leslie Holland, for petitioner.

Abigail Price-Williams, Miami-Dade County Attorney, and William X. Candela, Assistant County Attorney, for respondent.

Before ROTHENBERG, C.J., and LAGOA, and LINDSEY, JJ.

PER CURIAM.

Petitioner, Moises Hernandez, brought this case as an appeal from the circuit court appellate division’s per curiam affirmance of the Miami-Dade County

Mayor’s decision dismissing Petitioner from his employment with the County based on the findings and recommendations of a hearing officer following a civil service hearing conducted pursuant to Section 2-47 of the Miami-Dade County

Code. We treat the appeal as a petition for second-tier certiorari review. See Fla. R. App. P. 9.030(b)(2)(B).

As such, we are limited to a determination of whether Petitioner has demonstrated a violation of a clearly established legal principle that resulted in a miscarriage of justice. See Miami-Dade Cty v. Omnipoint Holdings, Inc., 863 So. 2d 195, 199 (Fla. 2003). In considering the evidence in the record, we find he has not and, therefore, deny the petition.

PETITION DENIED.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw