MCCLUNG v. ESTEVEZ (2019)

District Court of Appeal of Florida, Third District.

Frank A. MCCLUNG, Jr., et al., Appellant(s)/Petitioner(s), v. Elia E. ESTEVEZ, Appellee(s)/Respondent(s),

CASE NO.: 3D19-1562

Decided: August 28, 2019

In the order under review, the circuit court appellate division affirmed, per curiam without opinion, the final order of the county court. After careful review of the petition and appendix, we deny this petition for second tier certiorari. See Nader v. Fla. Dep't of Highway Safety & Motor Vehicles, 87 So. 3d 712, 722 (Fla. 2012) (“Because the assumption is that the litigant has already received full appellate review by the circuit court (either sitting in three-judge panels or by one judge alone), the district court's discretion to grant certiorari review is restricted to those errors that ‘depart from the essential requirements of law.’ ”).

Upon consideration of respondent's motion for prevailing party attorney's fees, it is ordered that said motion is hereby denied. See Sanchez v. State Farm Fla. Ins. Co., 997 So. 2d 1209, 1209 (Fla. 3d DCA 2008) (denying motion for appellate attorney fees when appellate record reflected “de minimis” activity).

SALTER, LOGUE and SCALES, JJ., concur.

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