Thursday, February 17, 2011

Third District Quashes Circuit Court Appellate Order For Failing To Provide Reasons For Decision

In City of Sunny Isles Beach v. Publix Supermarkets, Inc. (3D10-857), the Third District quashed an order entered by the circuit court sitting in its appellate capacity because the trial court did not provide the basis for its decision.  The court stated:
We grant  the petition as an appellate court cannot grant certiorari, thus quashing, an administrative decision, without providing reasons for so doing.  Miami-Dade County v. Torbert, 39 So. 3d 482 (Fla. 3d DCA 2010); State Dep’t of Highway Safety & Motor Vehicles v. Trauth, 937 So. 2d 758 (Fla. 3d DCA 2006). 
Accordingly, we grant the petition, quash the per curiam reversal issued below, and remand for the Circuit Court  to issue a written opinion stating its reasons for granting certiorari.


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