ARCADIO J. REYES, ET AL.
v.
CITY OF WEST MIAMI
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The circuit court's decision is affirmed because no preliminary basis for reversal has been demonstrated.
[1] Under Florida Rule of Appellate Procedure 9.315(a), an appellate court may summarily affirm an order of a lower tribunal when no preliminary basis for reversal has been d…
Previewing 1 of 1 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“the purpose of the summary affirmance procedure is to provide an expeditious method of deciding an appeal that is unmeritorious”
Court explaining the basis for summary affirmance under Rule 9.315(a)
Arcadio J. Reyes and Marie Azan Reyes appealed a decision from the Circuit Court for Miami-Dade County, Appellate Division, concerning a matter involv…
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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. 3D24-0167 Lower Tribunal No. 23-0018-AP-01 ________________
Arcadio J. Reyes, et al., Appellants,
vs.
City of West Miami, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Appellate Division, Daryl E. Trawick, Maria de Jesus Santovenia and Ramiro C. Areces, Judges.
Arcadio J. Reyes and Marie Azan Reyes, in proper persons.
Lehtinen Schultz, PLLC, and Dexter Lehtinen, for appellee.
Before LOGUE, C.J., and LINDSEY, and GORDO, JJ.
PER CURIAM.
2
Affirmed. See Fla. Detroit Diesel v. Nathai, 28 So. 3d 182, 184 (Fla. 1st DCA 2010) (“We have elected to review the order under the summary disposition procedure in rule 9.315(a) of the Florida Rules of Appellate Procedure. This rule authorizes an appellate court to summarily affirm an order of the lower tribunal if ‘no preliminary basis for reversal has been demonstrated.’ As explained in the court commentary to rule 9.315, the purpose of the summary affirmance procedure is to provide an expeditious method of deciding an appeal that is unmeritorious.”). See also Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086, 1092 (Fla. 2010) (“We have consistently observed that ‘[a]s a case travels up the judicial ladder, review should consistently become narrower, not broader’” and therefore on second-tier certiorari, 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 City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010)
- Fla. Detroit Diesel & Gallagher Bassett Servs., Inc. v. Yaadram Nathai, 28 So. 3d 182 (Fla. 1st DCA 2010)