Arcadio J. Reyes v. City of West Miami

• Court: District Court of Appeal of Florida
• Decided: July 24, 2024
• Docket: 2024-0167
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 24, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0167 Lower Tribunal No. 23-0018-AP-01 ________________

Arcadio J. Reyes, et al., Appellants,

vs.

City of West Miami, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Appellate Division, Daryl E. Trawick, Maria de Jesus Santovenia and Ramiro C. Areces, Judges.

Arcadio J. Reyes and Marie Azan Reyes, in proper persons.

Lehtinen Schultz, PLLC, and Dexter Lehtinen, for appellee.

Before LOGUE, C.J., and LINDSEY, and GORDO, JJ.

PER CURIAM. Affirmed. See Fla. Detroit Diesel v. Nathai, 28 So. 3d 182, 184 (Fla.

1st DCA 2010) (“We have elected to review the order under the summary

disposition procedure in rule 9.315(a) of the Florida Rules of Appellate

Procedure. This rule authorizes an appellate court to summarily affirm an

order of the lower tribunal if ‘no preliminary basis for reversal has been

demonstrated.’ As explained in the court commentary to rule 9.315, the

purpose of the summary affirmance procedure is to provide an expeditious

method of deciding an appeal that is unmeritorious.”). See also Custer Med.

Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086, 1092 (Fla. 2010) (“We have

consistently observed that ‘[a]s a case travels up the judicial ladder, review

should consistently become narrower, not broader’” and therefore on

second-tier certiorari, the “‘inquiry is limited to whether the circuit court

afforded procedural due process and whether the circuit court applied the

correct law,’ or, as otherwise stated, departed from the essential

requirements of law.” (quoting Haines City Cmty. Dev. v. Heggs, 658 So. 2d

523, 530 (Fla. 1995))).