CITY OF MIAMI LLC v. CUBE 3585 LLC (2019)

Given the narrow scope and standard of our review on second-tier certiorari, we deny these consolidated petitions for writ of certiorari. See Nader v. Florida Dept. of Hwy. Safety and Motor Veh., 87 So. 3d 712, 723 (Fla. 2012) (observing: “As a case travels up the judicial ladder, review should consistently become narrower, not broader” and holding:

The standard of review for certiorari in the district court effectively eliminates the substantial competent evidence component. The inquiry is limited to whether the circuit court afforded procedural due process and whether the circuit court applied the correct law” (quoting Haines City Community Development v. Heggs, 658 So. 2d 523, 530-31 (Fla. 1995)); Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086, 1093 (Fla. 2010) (noting that the Florida Supreme Court “has definitively expressed that certiorari cannot be used to grant a second appeal to correct the existence of mere legal error. This is necessary because, unlike an appeal, common-law certiorari is an entirely discretionary exercise of jurisdiction by the court and is not taken as a matter of right. A reviewing court on appeal may correct any and all errors below, whether jurisdictional, procedural, or substantive, and may modify, reverse, or remand a judgment. In contrast, a district court cannot correct just any error that may have occurred below through a second-tier certiorari proceeding. This proceeding is considered original in the sense that the subject-matter of the action or proceeding before the court is not to be reinvestigated, tried, and determined upon the merits generally as upon appeal at law or writ of error. Hence, 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 facts, is not a departure from the essential requirements of law remediable by certiorari.

(Internal citations omitted)).

Petitions denied.

PER CURIAM.