MIAMI JEWISH HOME AND HOSPITAL INC.
v.
MIAMI-DADE COUNTY
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A writ of certiorari will not be granted to review a circuit court appellate decision merely because it contains legal error; certiorari is available only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.
[1] A writ of certiorari to review a circuit court appellate decision is available only when there has been a violation of a clearly established principle of law resulting in…
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Join FLexlaw to unlock all legal intelligence“a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to the facts, is not a departure from the essential requirements of the law remediable by certiorari”
Court explaining the standard for certiorari review of appellate decisions
Miami Jewish Home and Hospital sought certiorari review of a circuit court appellate decision. The appellate division had rendered a decision that pet…
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PER CURIAM.
Denied. See Custer Med. Ctr. v. United Auto. Inc. Co., 62 So. 3d 1086, 1092-93 (Fla. 2010) (noting that “the district courts should consider the nature of the error and grant a petition for writ of certiorari ‘only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice;’” acknowledging that “this Court has definitively expressed that certiorari cannot be used to grant a second appeal to correct the existence of mere legal error;” and holding that “a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to the facts, is not a departure from the essential requirements of the law remediable by certiorari”) (additional citations omitted).
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