GONZALEZ v. CITY OF MIAMI (2019)

District Court of Appeal of Florida, Third District.

Haydee Alfaro GONZALEZ, Petitioner, v. CITY OF MIAMI, a Municipal Corporation of the State of Florida, Respondent.

No. 3D18-2242

Decided: May 01, 2019

Before SALTER, LINDSEY, and MILLER, JJ.

Rex E. Russo, Coral Gables, for petitioner. Victoria Méndez, City Attorney, and Kerri L. McNulty, Sr. Appellate Counsel, for respondent.

ON MOTION FOR REHEARING

Upon consideration of Petitioner's Motion for Rehearing, we grant rehearing and withdraw the opinion of February 20, 2019, and substitute the following opinion in its place.

ON PARTIAL CONFESSION OF ERROR

Petitioner Haydee Alfaro Gonzalez seeks to reinstate two separate appeals, which the Eleventh Judicial Circuit Appellate Division consolidated and then dismissed.¹ The City of Miami concedes that there was no basis to dismiss the appeal from the Code Enforcement Board (Case No. 18-88 AP). With respect to the appeal from the Unsafe Structures Panel (Case No. 18-249 AP), we hold that dismissal was improper because the notice of appeal was timely filed. We therefore grant the petition for writ of certiorari, quash the appellate division's dismissal order, and remand for reinstatement of the consolidated appeals.

Petition granted; order quashed.

FOOTNOTES

1. Petitioner appealed (1) an order from the Code Enforcement Board (Case No. 18-088 AP) and (2) an order from the City's Unsafe Structures Panel (Case No. 18-249 AP).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network