procedural vehicle challenge (Florida) · Go Syfert
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procedural vehicle challenge in Florida

9 Florida opinions name it 2 courts 1983–2022 1 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Miami-Dade County v. Omnipoint Holdings, Inc.green
fla · 2003 · cited in 4 Florida opinions naming this issue, 2004–2020
2 sentences

2020However, because certiorari is not the proper vehicle for such a challenge, the circuit court did not depart from the essential requirements of law in denying Somerset’s petition on 3 this basis. 1 See First Baptist Church of Perrine v. Miami-Dade County, 768 So. 2d 1114 , 1115 n.1 (Fla. 3d DCA 2000) (“We decline to address the merits of this issue because a petition for certiorari is not the proper procedural vehicle to challenge the constitutionality of this ordinance . . . [which] must be determined in original proceedings before the circuit court, not by way of a petition for writ of certi

2007We agree with the developer that a petition for writ of certiorari cannot be used for this purpose. "[A] petition seeking certiorari review is not the proper procedural vehicle to challenge the constitutionality of a statute or ordinance." Miami-Dade County v. Omnipoint Holdings, Inc., 863 So.2d 195, 199 (Fla.2003) (citation omitted).

24
City of Deerfield Beach v. Vaillantgreen
fla · 1982 · cited in 2 Florida opinions naming this issue, 2000–2003
2 sentences

2003Vaillant, 419 So.2d at 626 .

2003See City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982) (The district court, in reviewing the circuit court's judgment determines "whether the circuit court afforded procedural due process and applied the correct law.").

22
Department of Highway Safety & Motor Vehicles v. Hofergreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020Further, “a circuit court order that . . . provides a result without a written opinion and therefore cannot act as precedent in future cases, will generally not merit certiorari review in the district court, even if the district court might disagree with the result.” Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So. 2d 141, 145 (Fla. 2d DCA 2002); Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So. 3d 766, 772 (Fla. 2d DCA 2009) (“A circuit court’s decision will generally not merit certiorari review if it is issued without a written opinion or is particularly fact- dependent o

11
DHSMV v. Allistongreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020Further, “a circuit court order that . . . provides a result without a written opinion and therefore cannot act as precedent in future cases, will generally not merit certiorari review in the district court, even if the district court might disagree with the result.” Dep’t of Highway Safety & Motor Vehicles v. Alliston, 813 So. 2d 141, 145 (Fla. 2d DCA 2002); Dep’t of Highway Safety & Motor Vehicles v. Hofer, 5 So. 3d 766, 772 (Fla. 2d DCA 2009) (“A circuit court’s decision will generally not merit certiorari review if it is issued without a written opinion or is particularly fact- dependent o

11
Venetian Salami Co. v. Parthenaisgreen
fla · 1989 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Houghtaling, 611 So.2d at 1236 ; Seminole Police Dep’t v. Casadella, 478 So.2d 470 (Fla. 4th DCA 1985); see also Venetian Salami Co. v. Parthenais, 554 So.2d 499, 503 (Fla.1989) (recognizing the necessity of a “limited evidentiary hearing in order to determine the jurisdiction issue,” in case involving question of personal jurisdiction).

11
Houghtaling v. Seminole Tribe of Floridagreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Houghtaling, 611 So.2d at 1236 ; Seminole Police Dep’t v. Casadella, 478 So.2d 470 (Fla. 4th DCA 1985); see also Venetian Salami Co. v. Parthenais, 554 So.2d 499, 503 (Fla.1989) (recognizing the necessity of a “limited evidentiary hearing in order to determine the jurisdiction issue,” in case involving question of personal jurisdiction).

11
Cooper Village, Inc. v. Morettigreen
fladistctapp · 1980 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983See Cooper Village, Inc. v. Moretti, 383 So.2d 705 (Fla. 4th DCA 1980); Hallmark Manufacturing, Inc. v. Lujack Construction Co., 372 So.2d 520 (Fla. 4th DCA 1979); see also Cacaro v. Swan, 394 So.2d 538 (Fla. 4th DCA), petition for review dismissed, 402 So.2d 608 (Fla. 1981). *532 Turning to the merits, it is axiomatic that "[a] complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens. " Lake Placid Holding Co. v. Paparone, 414 So.2d 564, 566 (Fla. 2d DCA 1982) (citing Judge Grimes' dissenting op

11
Wiggins v. Dojcsangreen
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983See Cooper Village, Inc. v. Moretti, 383 So.2d 705 (Fla. 4th DCA 1980); Hallmark Manufacturing, Inc. v. Lujack Construction Co., 372 So.2d 520 (Fla. 4th DCA 1979); see also Cacaro v. Swan, 394 So.2d 538 (Fla. 4th DCA), petition for review dismissed, 402 So.2d 608 (Fla. 1981). *532 Turning to the merits, it is axiomatic that "[a] complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens. " Lake Placid Holding Co. v. Paparone, 414 So.2d 564, 566 (Fla. 2d DCA 1982) (citing Judge Grimes' dissenting op

11
Lake Placid Holding Co. v. Paparonegreen
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983See Cooper Village, Inc. v. Moretti, 383 So.2d 705 (Fla. 4th DCA 1980); Hallmark Manufacturing, Inc. v. Lujack Construction Co., 372 So.2d 520 (Fla. 4th DCA 1979); see also Cacaro v. Swan, 394 So.2d 538 (Fla. 4th DCA), petition for review dismissed, 402 So.2d 608 (Fla. 1981). *532 Turning to the merits, it is axiomatic that "[a] complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens. " Lake Placid Holding Co. v. Paparone, 414 So.2d 564, 566 (Fla. 2d DCA 1982) (citing Judge Grimes' dissenting op

11
Cacaro v. Swangreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983See Cooper Village, Inc. v. Moretti, 383 So.2d 705 (Fla. 4th DCA 1980); Hallmark Manufacturing, Inc. v. Lujack Construction Co., 372 So.2d 520 (Fla. 4th DCA 1979); see also Cacaro v. Swan, 394 So.2d 538 (Fla. 4th DCA), petition for review dismissed, 402 So.2d 608 (Fla. 1981). *532 Turning to the merits, it is axiomatic that "[a] complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens. " Lake Placid Holding Co. v. Paparone, 414 So.2d 564, 566 (Fla. 2d DCA 1982) (citing Judge Grimes' dissenting op

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Hutchinson v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022See also Hutchinson v. State, 29 So. 3d 1228 (Fla. 3d DCA 2010) (recognizing viability of a rule 2 Rule 3.850 provides a procedural vehicle to challenge the voluntariness of a plea after the judgment and sentence have become final on direct appeal.

11

Also cited on this issue (3)

CaseCitedYears
First Baptist Church of Perrine v. Miami-Dade County green
fladistctapp · 2000
1 sentence

2020However, because certiorari is not the proper vehicle for such a challenge, the circuit court did not depart from the essential requirements of law in denying Somerset’s petition on 3 this basis. 1 See First Baptist Church of Perrine v. Miami-Dade County, 768 So. 2d 1114 , 1115 n.1 (Fla. 3d DCA 2000) (“We decline to address the merits of this issue because a petition for certiorari is not the proper procedural vehicle to challenge the constitutionality of this ordinance . . . [which] must be determined in original proceedings before the circuit court, not by way of a petition for writ of certi

12020–2020
Seminole Police Dept. v. Casadella green
fladistctapp · 1985
1 sentence

2016See Houghtaling, 611 So.2d at 1236 ; Seminole Police Dep’t v. Casadella, 478 So.2d 470 (Fla. 4th DCA 1985); see also Venetian Salami Co. v. Parthenais, 554 So.2d 499, 503 (Fla.1989) (recognizing the necessity of a “limited evidentiary hearing in order to determine the jurisdiction issue,” in case involving question of personal jurisdiction).

12016–2016
Hallmark Mfg. Inc. v. Lujack Const. Co. green
fladistctapp · 1979
1 sentence

1983See Cooper Village, Inc. v. Moretti, 383 So.2d 705 (Fla. 4th DCA 1980); Hallmark Manufacturing, Inc. v. Lujack Construction Co., 372 So.2d 520 (Fla. 4th DCA 1979); see also Cacaro v. Swan, 394 So.2d 538 (Fla. 4th DCA), petition for review dismissed, 402 So.2d 608 (Fla. 1981). *532 Turning to the merits, it is axiomatic that "[a] complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens. " Lake Placid Holding Co. v. Paparone, 414 So.2d 564, 566 (Fla. 2d DCA 1982) (citing Judge Grimes' dissenting op

11983–1983

Where else courts name it

CT 29 (1991–2018) NY 14 (1976–2024) LA 13 (1976–2022) TX 13 (2000–2025) FL 9 (1983–2022) CA 3 (2005–2021) OH 3 (1990–2004) KS 3 (2016–2021) NV 2 (1995–1999) MD 2 (2015–2018) NC 2 (2022–2022) AL 2 (2023–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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