From Casetext: Smarter Legal Research

Leon County v. Mitchell

District Court of Appeal of Florida, First District
Dec 31, 1992
611 So. 2d 104 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-1265.

December 31, 1992.

Herbert W.A. Thiele, County Atty., Julie E. Lovelace, Senior Asst. County Atty., Cassandra K. Jackson, Asst. County Atty., Tallahassee, for appellant.

Thomas G. Pelham of Holland Knight, Tallahassee, for appellee.


Leon County seeks review of the trial court's order granting Edward Mitchell's petition for writ of certiorari. That order reversed the hearing officer's determination that Mitchell was not vested against the county's comprehensive plan, and remanded the cause to the county with instructions that Mitchell's application for vested rights be granted.

The standard of review for a district court in reviewing the trial court's order under Florida Rules of Appellate Procedure 9.030(b)(2)(B) consists of a determination of whether the circuit court afforded procedural due process and applied the correct law. Education Dev. Ctr. v. City of West Palm Beach Zoning Board of Appeals, 541 So.2d 106 (Fla. 1989). Based on the record before us, we are unable to conclude that the trial court did not afford procedural due process or did not apply the correct law to the facts. We therefore deny the county's petition for writ of certiorari.

MINER, ALLEN and WEBSTER, JJ., concur.


Summaries of

Leon County v. Mitchell

District Court of Appeal of Florida, First District
Dec 31, 1992
611 So. 2d 104 (Fla. Dist. Ct. App. 1992)
Case details for

Leon County v. Mitchell

Case Details

Full title:LEON COUNTY, FLORIDA, APPELLANT, v. EDWARD M. MITCHELL, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 31, 1992

Citations

611 So. 2d 104 (Fla. Dist. Ct. App. 1992)

Citing Cases

Pruitt v. State

I would deny certiorari review. See State v. Jones, 549 So.2d 771 (Fla. 3d DCA 1989); Leon County v.…

Equity Resources v. Cty. of Leon

The trial court's order approved the grounds of the hearing officer's determination with one exception, that…