ADMINISTRATIVE LAW: APPEALS: SECOND TIER CERTIORARI: CIRCUIT COURT, SITTING IN ITS APPELLATE CAPACITY, DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW, RESULTING IN A MISCARRIAGE OF JUSTICE, BY DISMISSING A TIMELY APPEAL BECAUSE THE APPELLANT SHOULD HAVE FILED A PETITION FOR CERTIORARI

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 … Click To Read Full Case Law Review...

ADMINISTRATIVE LAW: APPEALS: FIRST TIER CERTIORARI: CIRCUIT COURT APPLIED THE WRONG LAW BY REWEIGHING THE EVIDENCE  

Department of Highway Safety and Motor Vehicles v. Wiggins, ___ So. 3d ___, 39 Fla. L. Weekly D1627 (Fla. 1st DCA August 1, 2014)

The Department of Highway Safety and Motor Vehicles suspended the defendant’s driver’s license because he failed to submit to a field sobriety test during a traffic stop or at the county jail after his arrest … Click To Read Full Case Law Review...

ADMINISTRATIVE LAW: INSURANCE: SINKHOLE COVERAGE: LIMITS OF COVERAGE REQUIRED TO BE OFFERED

Florida Farm Bureau Casualty Insurance Company v. Office of Insurance Regulation, ___ So. 3d ___, 38 Fla. L. Weekly D597 (Fla. 1st DCA March 13, 2013)

The Office of Insurance Regulation denied the insurance company’s request for approval of a proposed amendment to its sinkhole endorsement limiting the amount of coverage offered to 25 percent of the base policy … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN (NICA): FLORIDA CONSTITUTIONAL LAW: ACCESS TO THE COURTS: ADMINISTRATIVE LAW JUDGE HAS EXCLUSIVE JURISDICTION TO DETERMINE WHETHER A NICA CLAIM IS COMPENSABLE EVEN IF THE CLAIM IS UNTIMELY

University of Miami v. Exposito, ___ So. 3d ___, 37 Fla. L. Weekly D1035 (Fla. 3d DCA April 27, 2012)

A mother who gave birth to premature twin girls brought an action for medical malpractice on behalf of one of the twins, who weighed only 665 grams, “against the University of Miami, the Miami-Dade Public Health Trust (d/b/a Jackson Memorial … Click To Read Full Case Law Review...

SCHOOLS: STATE UNIVERSITY: STUDENT DISCIPLINE: REVIEW; ADMINISTRATIVE LAW: APPELLATE REVIEW: EXERCISE OF CONSTITUTIONAL, RATHER THAN ADMINISTRATIVE, AUTHORITY: APPEALS: CERTIORARI: SEEKING INCORRECT RELIEF IN INCORRECT FORUM

Decker v. University of West Florida, ___ So. 3d ___, 37 Fla. L. Weekly D955 (Fla. 1st DCA April 24, 2012)

The hearing panel of a state university suspended a student for cheating, and the provost denied his appeal.  Counsel for the university notified the student that the decision of the provost was final, but the decision could be … Click To Read Full Case Law Review...