ALVIN SMITH
v.
CITY OF MIAMI

Fla. 3d DCA | 2024-10-16
No. 2024-1180
Lobree, J., Bokor, J., Gooden, J., Trawick, J., Areces, J., de la O, J.
2024 FL 12180 Florida District Court of Appeal, Third District (2024)

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Holding

A petition for writ of certiorari on second-tier review is denied when the circuit court afforded procedural due process and applied the correct law.


Headnotes

[1] On 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 la…

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Key Quotes

“The inquiry [on second-tier certiorari review] is limited to whether the circuit court afforded procedural due process and whether the circuit court applied the correct law.”

Court explaining the standard for second-tier certiorari review, citing Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995).

Facts & Procedural History

Alvin Smith petitioned for a writ of certiorari from the Circuit Court for Miami-Dade County, Appellate Division, challenging that court's decision in…

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Opinion of the Court
Gooden

Third District Court of Appeal State of Florida

Opinion filed October 16, 2024. Not final until disposition of timely filed motion for rehearing. ________________

No. 3D24-1180 Lower Tribunal No. 23-57-AP-01 ________________

Alvin Smith, Petitioner,

vs.

City of Miami, Respondent.

On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Appellate Division, Daryl E. Trawick, Ramiro C. Areces and Miguel M. de la O, Judges.

David J. Winker, P.A., and David J. Winker, for petitioner.

George Wysong, City Attorney, and John A. Greco, Chief Deputy City Attorney, for respondent City of Miami.

Bilzin Sumberg Baena Price & Axelrod, LLP, and Eileen Ball Mehta, Javier F. Aviñó, and Andrés T. Rivero, for intervenors, Invest Capital Group, LLC, et al.

Before LOBREE, BOKOR and GOODEN, JJ.

PER CURIAM.

2

Petition denied. See Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523, 530 (Fla. 1995) (explaining that “[t]he inquiry [on second-tier certiorari review] is limited to whether the circuit court afforded procedural due process and whether the circuit court applied the correct law”).


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