City of Sunny Isles Beach, Petitioner, v. Publix Supermarkets, Inc., Respondent. (2011)

District Court of Appeal of Florida, Third District.

City of Sunny Isles Beach, Petitioner, v. Publix Supermarkets, Inc., Respondent.

No. 3D10-857

Decided: February 16, 2011

Before GERSTEN, WELLS, and SUAREZ, JJ.

Hans Ottinot, City Attorney, and Fernando Amuchastegui, Assistant City Attorney; and Coffey Burlington, Kendall B. Coffey, Jeffrey B. Crockett, and David J. Zack, for petitioner. Greenberg Traurig and Elliot H. Scherker, Paul R. Lipton, Bridgid F. Cech Samole, and Elaine D. Walter, for respondent.

The City of Sunny Isles Beach petitions this Court for a writ of certiorari quashing a per curiam reversal of the Eleventh Judicial Circuit Court, Appellate Division (“Circuit Court”). We grant the petition as an appellate court cannot grant certiorari, thus quashing, an administrative decision, without providing reasons for so doing. Miami-Dade County v. Torbert, 39 So.3d 482 (Fla. 3d DCA 2010; State Dep't of Highway Safety & Motor Vehicles v. Trauth, 937 So.2d 758 (Fla. 3d DCA 2006).

Accordingly, we grant the petition, quash the per curiam reversal issued below, and remand for the Circuit Court to issue a written opinion stating its reasons for granting certiorari.

Petition granted.

PER CURIAM.

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