NEW NATIONAL LLC v. EBJ SAGAMORE LLC (2025)

New National, LLC petitions this Court for a writ of certiorari to quash a decision from the Eleventh Judicial Circuit Appellate Division. The Appellate Division denied New National's certiorari petition, which sought to quash an order from the Special Magistrate for the Historic Preservation Board of the City of Miami Beach approving Respondents’ application for a Certificate of Appropriateness to renovate the Sagamore and Ritz-Carlton Hotels and to construct a residential building behind the Sagamore. Because New National seeks review of the Appellate Division's decision, this case is before us on second tier certiorari review.

In Miami-Dade County v. Omnipoint Holdings, Inc., 863 So. 2d 195, 199 (Fla. 2003), our Supreme Court explained the relevant standard as follows:

Second-tier certiorari review is not a matter of right and is similar in scope to common law certiorari review. The scope of the district court's review on second-tier certiorari is limited to whether the circuit court (1) afforded procedural due process, and (2) applied the correct law. In other words, this two-pronged, second-tier review is simply another way of deciding whether the lower court “departed from the essential requirements of law.” A ruling constitutes a departure from the essential requirements of law when it amounts to “a violation of a clearly established principle of law resulting in a miscarriage of justice.” The district court may not review the record to determine whether the underlying agency decision is supported by competent, substantial evidence. Therefore, as a practical matter, the circuit court's final ruling in most first-tier cases is conclusive because second-tier review is so extraordinarily limited.

(Citations omitted).

Based on our extraordinarily limited standard of review, we are constrained to deny the petition without delving into the record because the Appellate Division did not depart from the essential requirements of the law.

Petition denied.

PER CURIAM.