RICHARD HARPER
v.
CITY OF KEY COLONY BEACH
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A petition for second-tier certiorari review is denied when the circuit court acting in its appellate capacity has not departed from the essential requirements of law or denied procedural due process.
[1] Second-tier certiorari review of a circuit court acting in its appellate capacity is limited to whether the circuit court afforded procedural due process and applied the…
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Join FLexlaw to unlock all legal intelligence“Because this case involves second-tier certiorari, our scope and standard of review is quite limited. . . . A district court of appeal may not utilize second-tier review to correct simple legal error.”
The court explaining the limited scope of second-tier certiorari review
Richard Harper petitioned for a writ of certiorari from the Circuit Court for Monroe County, Appellate Division, challenging that court's decision in …
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Third District Court of Appeal State of Florida
Opinion filed July 24, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-1816 Lower Tribunal No. 2022-AP-1-M ________________
Richard Harper, Petitioner,
vs.
City of Key Colony Beach, Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Monroe County, Appellate Division, Timothy J. Koenig, Judge.
Andrew M. Tobin, P.A., and Andrew M. Tobin, for petitioner.
Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., and Jeffrey L. Hochman (Fort Lauderdale), for respondent.
Before LOGUE, C.J., and EMAS and LINDSEY, JJ.
PER CURIAM.
2
Denied. See Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995) (“As a case travels up the judicial ladder, review should consistently become narrower, not broader.”); Dep’t of Highway Safety & Motor Vehicles v. Saxlehner, 96 So. 3d 1002, 1005 (Fla. 3d DCA 2012) (“Because this case involves second-tier certiorari, our scope and standard of review is quite limited. . . . A district court of appeal may not utilize secondtier review to correct simple legal error. To permit such a broad scope of review would, in essence, permit a second appeal, nullifying the narrowing scope of review described in Haines.”) (citation omitted). See also Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086, 1092 (Fla. 2010) (“[W]hen a district court considers a petition for second-tier certiorari review, the ‘inquiry is limited to whether the circuit court afforded procedural due process and whether the circuit court applied the correct law,’ or, as otherwise stated, departed from the essential requirements of law.”) (quoting Haines, 658 So. 2d at 530); State Farm Mut. Auto. Ins. Co. v. CEDA Health of Hialeah, LLC, 300 So. 3d 748, 750-51 (Fla. 3d DCA 2020) (“Our analysis is limited ‘by the narrow scope of second-tier certiorari review of a circuit court acting in its appellate capacity.’”) (quoting State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 245 So. 3d 755, 758 (Fla. 4th DCA 2018)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010)
- State Farm Mut. Auto. Ins. Co. v. CC Chiropractic, LLC, 245 So. 3d 755 (Fla. 4th DCA 2018)
- State of Fla. Dep't OF Hwy. Safety & Motor Vehicles v. Saxlehner, 96 So. 3d 1002 (Fla. 3d DCA 2012)
- State Farm Mut. Auto. Ins. Co. v. Ceda Health of Hialeah, LLC., 300 So. 3d 748 (Fla. 3d DCA 2020)