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Santos GONZALEZ, et al., Appellant(s)/Petitioner(s), v. Carlos MENENDEZ, etc., et al., Appellee(s)/Respondent(s).
Following review of the Petition for Writ of Certiorari, and the Response and Reply thereto, it is ordered that said Petition is hereby denied. See Globe Newspaper Co. v. King, 658 So. 2d 518, 520 (Fla. 1995) (“[C]ertiorari review is appropriate to determine whether a court has conducted the evidentiary inquiry required by section 768.72, Florida Statutes, but not so broad as to encompass review of the sufficiency of the evidence considered in that inquiry.”); Event Depot Corp. v. Frank, 269 So. 3d 559, 562 (Fla. 4th DCA 2019) (denying certiorari where “there was a proposed amended complaint, a timely proffer, and a sufficient order,” despite petitioner's contention “that the trial court's order contain[ed] no finding of a reasonable evidentiary basis consistent with the above statute”); Cat Cay Yacht Club, Inc. v. Diaz, 264 So. 3d 1071, 1075 (Fla. 3d DCA 2019) (deeming trial court's failure to make “findings identifying the evidence it considered sufficient” in its written order reversible error only because it also failed make such a finding orally “during the course of the hearing”).
FERNANDEZ, HENDON and LOBREE, JJ., concur.
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Docket No: CASE NO.: 3D20-0176
Decided: November 16, 2020
Court: District Court of Appeal of Florida, Third District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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