Leon County v. Mitchell

District Court of Appeal of Florida

Leon County v. Mitchell

611 So. 2d 104, 1992 Fla. App. LEXIS 13590, 1992 WL 389025

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 1992

DocketNo. 92-1265

StatusPublished

Cited by2 cases

This text of 611 So. 2d 104 (Leon County v. Mitchell) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leon County v. Mitchell, 611 So. 2d 104, 1992 Fla. App. LEXIS 13590, 1992 WL 389025 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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Bluebook (online)

611 So. 2d 104, 1992 Fla. App. LEXIS 13590, 1992 WL 389025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leon-county-v-mitchell-fladistctapp-1992.

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