Hillsborough County v. P & P Holdings Group, LLC

Opinion

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

HILLSBOROUGH COUNTY, a political subdivision of the State of Florida,

Petitioner,

v.

P & P HOLDINGS GROUP, LLC,

Respondent.

No. 2D2025-2614

July 24, 2026

Petition for Writ of Certiorari to the Circuit Court for Hillsborough County; Laura E. Ward, Judge.

Kenneth C. Pope and Mary J. Dorman, Hillsborough County Attorney's Office, Tampa, for Petitioner.

John J. Cavaliere, III, and Nicole J. Poot of Lewis, Longman & Walker, P.A., St. Petersburg; and Robert A. Williams and Allan J. Charles of Lewis, Longman & Walker, P.A., Tallahassee, for Respondent.

BLACK, Judge. Hillsborough County seeks second-tier certiorari review of the circuit court's order purporting to quash the final order of the Hillsborough County Code Enforcement Board. While it appears that the circuit court applied an incorrect standard of review to an appeal pursuant to section 162.11, Florida Statutes (2024), we are confident that such errors will not be widespread. See, e.g., MGM of W. Fla., LLC v. Manatee County, 406 So. 3d 351, 353, 355 (Fla. 2d DCA 2025) (explaining that section 162.11 provides for "a plenary appeal to the circuit court" rather than first-tier certiorari review and reiterating that "[i]n measuring the seriousness of an error to determine whether second- tier certiorari is available, one consideration is whether the error is isolated in its effect or whether it is pervasive or widespread in its application to numerous other proceedings" (quoting Dep't of Highway Safety & Motor Vehicles v. Alliston, 813 So. 2d 141, 145 (Fla. 2d DCA 2002))). In this case, we conclude that there has not been a miscarriage of justice. Accordingly, the petition for writ of certiorari is denied. Petition denied.

LaROSE and KHOUZAM, JJ., Concur.

Opinion subject to revision prior to official publication.