decision without conducting hearing (Florida) · Go Syfert
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decision without conducting hearing in Florida

5 Florida opinions name it 1 courts 2002–2016 0 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 (2)

CaseFollowedCited
Pleasures II Adult Video, Inc. v. City of Sarasotagreen
fladistctapp · 2002 · cited in 3 Florida opinions naming this issue, 2005–2010
2 sentences

2010While certio-rari relief is available for quasi-judicial decisions, it is not available for executive decisions “because, ‘[a]s a practical matter, when an executive makes a decision without conducting a hearing, there is nothing for the circuit court to review.’ ” Sowa, 4 So.3d at 1247 (quoting Pleasures II Adult Video, Inc. v. City of Sarasota, 833 So.2d 185, 189 (Fla. 2d DCA 2002)).

2009Certiorari review of a legislative or executive decision of an agency is inappropriate because, “[a]s a practical matter, when an executive makes a decision without conducting a hearing, there is nothing for the circuit court to review.” Pleasures II Adult Video, Inc. v. City of Sarasota, 833 So.2d 185, 189 (Fla. 2d DCA 2002).

33
BD. OF CTY. COM'RS OF BREVARD v. Snydergreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See generally Robert Lincoln, Executive Decision Making by Local Legislatures in Florida: Justice, Judicial Review and the Need for Legislative Reform, 25 Stetson L.Rev. 627, 635-39 (Spring 1996); cf. Bd. of County Comm'rs of Brevard County v. Snyder, 627 So.2d 469, 474 (Fla. 1993) (distinguishing comprehensive rezoning decisions, which are quasi-legislative, from specific rezoning decisions "where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, " which are quasijudicial and properly reviewed by certiorari) (emphasis supplied).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Jfk Medical Center Limited Partnership v. State, Agency for Health Care Administration green
fladistctapp · 2009
2 sentences

2016Certiorari review of an agency’s executive decision is inappropriate because “when an executive makes a decision without conducting a hearing, there is nothing for the circuit court to review.” Harsh, 44 So.3d at 242 (quoting Sowa, 4 So.3d at 1247 ).

2010While certio-rari relief is available for quasi-judicial decisions, it is not available for executive decisions “because, ‘[a]s a practical matter, when an executive makes a decision without conducting a hearing, there is nothing for the circuit court to review.’ ” Sowa, 4 So.3d at 1247 (quoting Pleasures II Adult Video, Inc. v. City of Sarasota, 833 So.2d 185, 189 (Fla. 2d DCA 2002)).

22010–2016
Lee County v. Harsh green
fladistctapp · 2010
1 sentence

2016Certiorari review of an agency’s executive decision is inappropriate because “when an executive makes a decision without conducting a hearing, there is nothing for the circuit court to review.” Harsh, 44 So.3d at 242 (quoting Sowa, 4 So.3d at 1247 ).

12016–2016

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