Jonathan Javitt, et al. v. North Bay Village
The Third DCA denied a petition for second-tier certiorari review of a circuit court appellate division's per curiam affirmance of a municipal code enforcement order. Applying the narrow second-tier standard, the court held certiorari relief was unavailable because no violation of a clearly established principle of law resulting in a miscarriage of justice was shown, and a per curiam affirmance without written opinion generally lacks precedential value warranting review.
Key facts
- The North Bay Village Code Enforcement Division issued an order of enforcement against Jonathan and Marsha Javitt.
- The circuit court appellate division per curiam affirmed the code enforcement order.
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Holdings
- Second-tier certiorari is reserved for situations where there has been a violation of a clearly established principle of law resulting in a miscarriage of justice, and may not be used…
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Why it matters
The opinion reaffirms the tightly cabined scope of second-tier certiorari review, emphasizing that district courts will not disturb a circuit court's per curiam affirmance absent a clearly established legal violation… — full analysis with a trial
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