Villa Lyan, Inc. v. Perez, ___ So. 3d ___, 40 Fla. L. Weekly D630 (Fla. 3d DCA March 11, 2015)
The circuit court, sitting in is appellate capacity, dismissed the petitioner’s appeal from an administrative order because the petitioner should have filed a petition for certiorari rather than an appeal. The district court granted second tier certiorari and quashed the order of the circuit court. A timely appeal may not be dismissed because a petition for certiorari, rather than an appeal, should have been filed. The circuit court failed to apply the correct law, resulting in a miscarriage of justice.
To read more briefs in the Administrative Law category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/administrative-law-2/.
To read more briefs in the Appeals: Certiorari category of the Kashi Law Letter, please click here, http://www.kashilawletter.com/category/appeals/certiorari/.