HILLSBOROUGH COUNTY
v.
P & P HOLDINGS GROUP, LLC
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A circuit court's application of an incorrect standard of review to a code enforcement appeal under section 162.11, Florida Statutes, does not warrant second-tier certiorari relief when the error is isolated rather than pervasive.
[1] Second-tier certiorari relief is not available for an isolated error in the standard of review applied by a circuit court to a code enforcement appeal, absent a showing o…
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Join FLexlaw to unlock all legal intelligence“In measuring the seriousness of an error to determine whether second-tier certiorari is available, one consideration is whether the error is isolated in its effect or whether it is pervasive or widespread in its application to numerous other proceedings.”
Court's explanation of the standard for determining whether second-tier certiorari relief is appropriate.
Hillsborough County sought second-tier certiorari review of a circuit court order that quashed the final order of the Hillsborough County Code Enforce…
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
HILLSBOROUGH COUNTY, a political subdivision of the State of Florida,
Petitioner,
V.
P & P HOLDINGS GROUP, LLC,
Respondent.
No. 2D2025-2614
July 24, 2026
Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Laura E. Ward, Judge.
Kenneth C. Pope and Mary J. Dorman, Hillsborough County Attorney's Office, Tampa, for Petitioner.
John J. Cavaliere, III, and Nicole J. Poot of Lewis, Longman & Walker, P.A., St. Petersburg; and Robert A. Williams and Allan J. Charles of Lewis, Longman & Walker, P.A., Tallahassee, for Respondent.
BLACK, Judge.
Hillsborough County seeks second-tier certiorari review of the circuit court's order purporting to quash the final order of the Hillsborough County Code Enforcement Board. While it appears that the circuit court applied an incorrect standard of review to an appeal pursuant to section 162.11, Florida Statutes (2024), we are confident that such errors will not be widespread. See, e.g., MGM of W. Fla., LLC v. Manatee County, 406 So. 3d 351, 353, 355 (Fla. 2d DCA 2025) (explaining that section 162.11 provides for "a plenary appeal to the circuit court" rather than first-tier certiorari review and reiterating that "[i]n measuring the seriousness of an error to determine whether secondtier certiorari is available, one consideration is whether the error is isolated in its effect or whether it is pervasive or widespread in its application to numerous other proceedings" (quoting Dep't of Highway Safety & Motor Vehicles v. Alliston, 813 So. 2d 141, 145 (Fla. 2d DCA 2002))). In this case, we conclude that there has not been a miscarriage of justice. Accordingly, the petition for writ of certiorari is denied.
Petition denied.
LaROSE and KHOUZAM, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dep't of Hwy. Safety & Motor Vehicles v. Alliston, 813 So. 2d 141 (Fla. 2d DCA 2002)
- MGM of W. Fla., LLC v. Manatee Cnty., 406 So. 3d 351 (Fla. 2d DCA 2025)