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...

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...

ADMINISTRATIVE LAW: SCHOOLS: STATE UNIVERSITIES: STUDENT DISCIPLINE: REVIEW BY CERTIORARI IN CIRCUIT COURT

Couchman v. University of Central Florida, ___ So. 3d ___, 37 Fla. L. Weekly D805 (Fla. 5th DCA April 5, 2012)

The ability of a State University to discipline students derives from the Florida Constitution rather than a legislative act.  As a result, disciplinary action is reviewable by petition for writ of common law certiorari in circuit court rather … Click To Read Full Case Law Review...