Opinion

City of Miami v. HERVIS

  • 65 So. 3d 1110
  • 24 Am. Disabilities Cas. (BNA) 1729
  • 2011 Fla. App. LEXIS 10437
  • 2011 WL 2652392
Court
District Court of Appeal of Florida
Filed
Jul 5, 2011
Status
Published
Author
Gersten
On the bench
Gersten, Rothenberg, Salter
Cited by
4 cases
Authority
More cited than 10.9%

“[A] plaintiff cannot prove pretext merely by asserting that he was better qualified.”

How later courts described this case

  • “[A] plaintiff cannot prove pretext merely by asserting that he was better qualified.”
  • “[I]t is not the function of this Court on second-tier certiorari to correct error or reweigh the evidence.”

Written by the judges who cited it.

The opinion

GERSTEN, J.,

concurring in result only.

I concur in the result the majority has reached. I agree that the Circuit Court denied the City procedural due process in reviewing an incomplete record, and for this reason, the City is entitled to relief. See Estes v. Sassano, 47 So.3d 383 (Fla. 1st DCA 2010); Cook v. City of Winter Haven Police Dep’t, 837 So.2d 492 (Fla. 2d DCA 2003).

I cannot join the majority’s opinion, however, with regard to the merits in this case. On the record provided, as outlined by the majority, neither this Court nor the Circuit Court can fully review the discrimination claim.

Accordingly, I concur in the result only.

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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