# City of Miami v. HERVIS

> District Court of Appeal of Florida · July 5, 2011 · 65 So. 3d 1110

URL: https://www.frixlaw.com/law-library/cases/9780613

## Case

- **Full name:** CITY OF MIAMI, Petitioner, v. Miguel A. HERVIS, Respondent
- **Court:** District Court of Appeal of Florida
- **Decided:** July 5, 2011
- **Citations:** 65 So. 3d 1110; 24 Am. Disabilities Cas. (BNA) 1729; 2011 Fla. App. LEXIS 10437; 2011 WL 2652392
- **Precedential status:** Published
- **Opinion:** Concurrence by Gersten
- **Judges:** Gersten, Rothenberg, Salter
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9780613

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9780613. Public record. Not legal advice.