Opinion

Bennett, Bishop, Herron & Holmes v. Board of County Commissioners

  • 426 So. 2d 1260
  • 1983 Fla. App. LEXIS 18620
Court
District Court of Appeal of Florida
Filed
Feb 11, 1983
Status
Published
On the bench
Campbell, Lehan, Scheb
Cited by
2 cases
Authority
More cited than 76.2%

The opinion

PER CURIAM.

Petitioner challenges the circuit court’s denial of its petition for certiorari. Petitioner had sought a special exception under the Sarasota County Zoning Code, which the Board of County Commissioners denied. Thereafter, it filed for certiorari review in the circuit court.

Petitioner filed a timely notice of appeal from the circuit court’s final order. We point out, however, that where, as here, full review of administrative action has been given in the circuit court as a matter of right, one appealing the circuit court’s judgment is not entitled to a second full review in the district court. City of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla.1982). As such, we have treated petitioner’s appeal as a petition for a writ of common law certiorari, and we have limited our review to a determination of whether the circuit court afforded procedural due process and applied the correct law. We conclude that it did, and accordingly, we deny the petition.

SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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