City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982). · Go Syfert
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City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982). Cases Citing This Book View Copy Cite
“our review of an order from a circuit court sitting in its appellate capacity is limited to determining whether the circuit court afforded procedural due process and applied the correct law.”
374 citation events (153 in the last 25 years) across 8 distinct courts.
Strongest positive: Dept. of Highway Safety and Motor Vehicles v. Brown (fladistctapp, 2015-11-25)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Dept. of Highway Safety and Motor Vehicles v. Brown
Fla. Dist. Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
our review of an order from a circuit court sitting in its appellate capacity is limited to determining whether the circuit court afforded procedural due process and applied the correct law.
cited Cited as authority (rule) Capel v. Pasco County
M.D. Fla. · 2024 · confidence medium
McKinney v. Pate, 20 F.3d 1550, 1563 (11th Cir. 1994); City of Deerfield Bch. v. Vaillant, 419 So.2d 624, 626 (Fla. 1982).
discussed Cited as authority (rule) Peek v. Florida Commission on Offender Review
Fla. Dist. Ct. App. · 2024 · signal: cf. · confidence medium
Cf. City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982) (agreeing that “a final judgment of a circuit court acting in its review capacity is not appealable as a matter of right”).
discussed Cited as authority (rule) Persaud Properties FL Investments, LLC v. Town of Fort Myers Beach, Florida
M.D. Fla. · 2023 · confidence medium
In fact, where, as here, a party is entitled as a matter of right to seek review in state court, the state court “must determine whether procedural due process is accorded . . . [and] whether the administrative findings and judgment are supported by competent substantial evidence.” City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla. 1982) (emphasis added).
discussed Cited as authority (rule) SOMERSET ACADEMY, INC. AND THE UNIVERSITY BAPTIST CHURCH, INC. v. MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS
Fla. Dist. Ct. App. · 2020 · confidence medium
As the Florida Supreme Court has explained, we “review . . . the circuit court’s judgment . . . [to] determine[] whether the circuit court [1] afforded procedural due process and [2] applied the correct law.” City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982).
discussed Cited as authority (rule) State of Florida, Department of Highway Safety and Motor Vehicles v. Brian Orlando Heath
Fla. Dist. Ct. App. · 2019 · confidence medium
In second-tier certiorari proceedings, this Court’s review is limited to a determination of whether the circuit court “[1] afforded procedural due process and [2] applied the correct law.” City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982); see also Dep’t of Highway Safety & Motor Vehicles v. Edenfield, 58 So. 3d 904, 906 (Fla. 1st DCA 2011).
discussed Cited as authority (rule) Elso v. Dept. of Highway Safety and Motor Vehicles
Fla. Dist. Ct. App. · 2018 · confidence medium
We further explained in Sperberg that “‘[f]irst-tier’ certiorari review at the circuit court level, a review as a matter of right and pursuant to Florida Rules of Appellate Procedure 9.030(c)(3) and 9.100, is a three-pronged review whereby the circuit court must determine: (1) whether procedural due process is accorded, (2) whether the essential requirements of the law have been observed, and (3) whether the administrative findings and judgment are supported by competent substantial evidence.” Id. (citing City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982)).
discussed Cited as authority (rule) Elso v. Dept. of Highway Safety and Motor Vehicles
Fla. Dist. Ct. App. · 2018 · confidence medium
We further explained in Sperberg that “‘[f]irst-tier’ certiorari review at the circuit court level, a review as a matter of right and pursuant to Florida Rules of Appellate Procedure 9.030(c)(3) and 9.100, is a three-pronged review whereby the circuit court must determine: (1) whether procedural due process is accorded, (2) whether the essential requirements of the law have been observed, and (3) whether the administrative findings and judgment are supported by competent substantial evidence.” Id. (citing City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982)).
discussed Cited as authority (rule) In RE: AMENDMENTS TO the FLORIDA RULES OF APPELLATE PROCEDURE-2017 REGULAR-CYCLE REPORT.
Fla. · 2018 · confidence medium
Palm Beach Zoning Bd. of Appeals, 541 So. 2d 106, 108 (Fla. 1989); City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982); Martin Cty. v. City of Stuart, 736 So. 2d 1264, 1266 (Fla. 4th DCA 1999).
cited Cited as authority (rule) Dept. of Highway Safety and Motor Vehicles v. Sperberg
Fla. Dist. Ct. App. · 2018 · confidence medium
Int’l, Ltd., 787 So. 2d 838, 843-44 (Fla. 2001) (citing City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982)).
discussed Cited as authority (rule) Joseph B. Wiggins v. Florida Department of Highway Safety and Motor Vehicles (2×)
Fla. · 2017 · confidence medium
Int’l, Ltd., 787 So. 2d 838, 843 (Fla. 2001) (quoting City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982)).
discussed Cited as authority (rule) The School Board of Hillsborough County, FL v. Tenney
Fla. Dist. Ct. App. · 2016 · confidence medium
The first tier begins with the filing of a petition for a writ of certiorari in the circuit court, which reviews the agency decision to determine “whether procedural due process is accorded, whether the essential requirements of the law have been observed, and whether the administrative findings and judgment are supported by competent substantial evidence.” City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982); see also Redner v. City of Tampa, 827 So.2d 1056, 1058 (Fla. 2d DCA 2002).
discussed Cited as authority (rule) Blair Nurseries, Inc. v. Baker County, Florida, A Political etc. (2×)
Fla. Dist. Ct. App. · 2016 · confidence medium
The controlling procedure was set forth over thirty years ago in City of Deerfield Beach v. Valliant, 419 So. 2d 624, 626 (Fla. 1982), as follows: where full review of administrative action is given in the circuit court as a matter of right, one appealing the circuit court's judgment is not entitled to a second full review in the district court.
cited Cited as authority (rule) Objio v. State, Department of Highway Safety & Motor Vehicles
Fla. Dist. Ct. App. · 2015 · confidence medium
Int'l Ltd., 787 So.2d 838, 843 (Fla.2001) (quoting City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla,1982)).
discussed Cited as authority (rule) Moore v. Department of Highway Safety & Motor Vehicles
Fla. Dist. Ct. App. · 2015 · confidence medium
The circuit court’s review was three-pronged: “(1) whether procedural due process is accorded; (2) whether the essential requirements of law have been observed; and (3) whether the administrative findings and judgment are supported by competent substantial evidence.” Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530 (Fla.1995) (citing City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
discussed Cited as authority (rule) Clark v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2015 · confidence medium
When a district court reviews a petition for second-tier certiorari review, it must determine “whether the ‘circuit court afforded procedural due process and applied the correct law.’ ” Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530 (Fla.1995) (emphasis omitted) (quoting City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
cited Cited as authority (rule) Bencivenga v. Osceola County
Fla. Dist. Ct. App. · 2014 · confidence medium
City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
cited Cited as authority (rule) Hudson v. City of Riviera Beach
S.D. Fla. · 2013 · confidence medium
Id. (citing City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
discussed Cited as authority (rule) Seminole Tribe of Florida v. Hendry County
Fla. Dist. Ct. App. · 2013 · confidence medium
The district court, upon review of the circuit court’s judgment, then determines whether the circuit court [1] afforded procedural due process and [2] applied the correct law.” Fla. Power & Light Co. v. City of Dania, 761 So.2d 1089, 1092 (Fla.2000) (quoting City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
cited Cited as authority (rule) Department of Highway Safety & Motor Vehicles v. Dellacava
Fla. Dist. Ct. App. · 2012 · confidence medium
Int’l, Ltd., 787 So.2d 838, 843 (Fla.2001) (quoting City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
cited Cited as authority (rule) Department of Highway Safety & Motor Vehicles v. Robinson
Fla. Dist. Ct. App. · 2012 · confidence medium
City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla. 1982).
cited Cited as authority (rule) Florida Mobile Home Relocation Corp. v. City of South Daytona
Fla. Dist. Ct. App. · 2012 · confidence medium
Miami-Dade County v. Omnipoint Holdings, Inc., 863 So.2d 195, 198-99 (Fla.2003); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
discussed Cited as authority (rule) City of Venice v. Gwynn
Fla. Dist. Ct. App. · 2011 · confidence medium
When reviewing an administrative action, “the circuit court must determine whether procedural due process is accorded, whether the essential requirements of the law have been observed, and whether the administrative findings and judgment are supported by competent substantial evidence.” City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
cited Cited as authority (rule) Department of Highway Safety & Motor Vehicles v. Ivey
Fla. Dist. Ct. App. · 2011 · confidence medium
Int’l, Ltd., 787 So.2d 838, 843-844 (Fla.2001); Haines City Cmty. Dev. v. Heggs, 658 So.2d 523 (Fla.1995); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
discussed Cited as authority (rule) Bush v. City of Mexico Beach (2×)
Fla. Dist. Ct. App. · 2011 · confidence medium
Thus, the circuit court did not engage in the three-prong review required by City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982), 1 and “[t]his constituted ‘a violation of a clearly established principle of law resulting in a miscarriage of justice’ and, therefore, a departure from the essential requirements of law.” Clay County v. Kendale Land Dev., Inc., 969 So.2d 1177, 1181 (Fla. 1st DCA 2007) (quoting Broward County v. G.B.V.
discussed Cited as authority (rule) Flava Works, Inc. v. CITY OF MIAMI, FL (2×) also: Cited "see"
11th Cir. · 2010 · confidence medium
The district court, upon review of the circuit court’s judgment, then determines whether the circuit court [1] afforded procedural due process and [2] applied the correct law. 419 So.2d 624, 626 (Fla.1982).
cited Cited as authority (rule) Dougherty ex rel. Eisenberg v. City of Miami
Fla. Dist. Ct. App. · 2009 · confidence medium
Miami-Dade County v. Omnipoint Holdings, Inc., 863 So.2d 195, 199 (Fla.2003) (citing City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
discussed Cited as authority (rule) Miami-Dade County v. Valdes
Fla. Dist. Ct. App. · 2009 · confidence medium
In City of Deerfield Beach, v. Vaillant, 419 So.2d 624, 626 (Fla.1982), the Florida Supreme Court outlined the correct law applicable to the circuit court’s certiorari review as follows: Where a party is entitled as a matter of right to seek review in the circuit court from administrative action, the circuit court must determine whether procedural due process is accorded, whether the essential requirements of the law have been observed, and whether the administrative findings and judgment are supported by competent substantial evidence.
discussed Cited as authority (rule) STATE, DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES v. Sarmiento (2×)
Fla. Dist. Ct. App. · 2008 · confidence medium
Id.; City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla. 1982).
cited Cited as authority (rule) City of Ft. Myers v. Splitt
Fla. Dist. Ct. App. · 2008 · confidence medium
Int'l, Ltd., 787 So.2d 838, 843 (Fla.2001) (alterations in original) (quoting City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
cited Cited as authority (rule) Clay County v. KENDALE LAND DEVELOPMENT
Fla. Dist. Ct. App. · 2007 · confidence medium
Int'l, Ltd., 787 So.2d 838, 843 (Fla.2001) (quoting from City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
cited Cited as authority (rule) STRANAHAN HOUSE v. City of Fort Lauderdale
Fla. Dist. Ct. App. · 2007 · confidence medium
City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
cited Cited as authority (rule) Hernandez-Canton v. MIAMI CITY COM'N
Fla. Dist. Ct. App. · 2007 · confidence medium
See Omnipoint Holdings, 863 So.2d at 199 (Fla.2003); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982); Morningside Civic Ass'n, 917 So.2d at 295 .
discussed Cited as authority (rule) CORAL GABLES CODE ENFORCEMENT BD. v. Tien
Fla. Dist. Ct. App. · 2007 · confidence medium
Where, as here, "full review of administrative action is given in the circuit court as a matter of right," a litigant "is not entitled to a second full review in the district court." City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
discussed Cited as authority (rule) Lennar Homes, Inc. v. Dorta-Duque (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2007 · confidence medium
"Although termed `certiorari' review, review at this level is not discretionary but rather is a matter of right and is akin in many respects to a plenary appeal." Fla. Power & Light Co. v. City of Dania, 761 So.2d 1089, 1092 (Fla.2000); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
cited Cited as authority (rule) McAlevy v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
Premier Developers III Assocs. v. City of Fort Lauderdale, 920 So.2d 852, 852-53 (Fla. 4th DCA 2006); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
discussed Cited as authority (rule) Osborn v. Board of County Commissioners
Fla. Dist. Ct. App. · 2006 · confidence medium
On first-tier certiorari review from an administrative decision, “the circuit court must determine whether procedural due process is accorded, whether the essential requirements of the law have been observed, and whether the administrative findings and judgment are supported by competent substantial evidence.” City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
cited Cited as authority (rule) PREMIER DEV. v. City of Ft. Lauderdale
Fla. Dist. Ct. App. · 2006 · confidence medium
City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
cited Cited as authority (rule) MORNINGSIDE CIVIC v. City of Miami Com'n
Fla. Dist. Ct. App. · 2005 · confidence medium
See Miami-Dade County v. Omnipoint Holdings, Inc., 863 So.2d 195, 199 (Fla.2003); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla. 1982).
discussed Cited as authority (rule) St. Johns Committee v. St. Augustine
Fla. Dist. Ct. App. · 2005 · confidence medium
Palm Beach Zoning Bd. of Appeals, 541 So.2d 106 , 108 (Fla.1989); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982): Philbrick v. County of Volusia, 668 So.2d 341, 342 (Fla. 5th DCA 1996).
discussed Cited as authority (rule) Snyder v. City Council of Palmetto
Fla. Dist. Ct. App. · 2005 · confidence medium
The circuit court denied the petition. “[Cjircuit court review of an administrative agency decision ... is governed by a three-part standard of review: (1) whether procedural due process is accorded; (2) whether the essential requirements of law have been observed; and (8) whether the administrative findings and judgment are supported by competent substantial evidence.” Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 580 (Fla.1995) (citing City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
discussed Cited as authority (rule) Snyder v. CITY COUNCIL OF CITY OF PALMETTO
Fla. Dist. Ct. App. · 2005 · confidence medium
The circuit court denied the petition. "[C]ircuit court review of an administrative agency decision ... is governed by a three-part standard of review: (1) whether procedural due process is accorded; (2) whether the essential requirements of law have been observed; and (3) whether the administrative findings and judgment are supported by competent substantial evidence." Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530 (Fla.1995) (citing City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
discussed Cited as authority (rule) Terry v. Board of Trustees
Fla. Dist. Ct. App. · 2004 · confidence medium
See Haines City Cmty. Dev. v. Heggs, 658 So.2d 523 (Fla.1995); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982) (determining whether “the circuit court afforded procedural due process and applied the correct law”).
cited Cited as authority (rule) Sarasota County v. BDR Investment, L.L.C.
Fla. Dist. Ct. App. · 2004 · confidence medium
Fla. Power & Light Co. v. City of Dania, 761 So.2d 1089, 1092 (Fla.2000) (citing City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982)).
discussed Cited as authority (rule) Brasota Mortgage Co. v. Town of Longboat Key
Fla. Dist. Ct. App. · 2004 · confidence medium
At the circuit court level, the court must determine “(1) whether procedural due process is accorded, (2) whether the essential requirements of the law have been observed, and (3) whether the administrative findings and judgment are supported by competent substantial evidence.” City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
examined Cited as authority (rule) City of Hialeah Gardens v. MIAMI-DADE FOUNDATION, INC. (3×) also: Cited "see"
Fla. Dist. Ct. App. · 2003 · confidence medium
See Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530 (Fla.1995); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla. 1982); Metropolitan Dade County v. Blumenthal, 675 So.2d 598, 608-09 (Fla. 3d DCA 1995).
discussed Cited as authority (rule) Koziara v. City of Casselberry (2×)
M.D. Fla. · 2002 · confidence medium
The district court, upon review of the circuit court’s judgment, then determines whether the circuit court afforded procedural due process and applied the correct law.” City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982).
discussed Cited as authority (rule) Redner v. City of Tampa
Fla. Dist. Ct. App. · 2002 · confidence medium
Redner then filed a petition for writ of certiorari in this court seeking review of the circuit court panel's ruling. *1058 The applicable standards of review are set out in City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982): We hold that where full review of administrative action is given in the circuit court as a matter of right, one appealing the circuit court's judgment is not entitled to a second full review in the district court.
examined Cited as authority (rule) Town of Manalapan v. Gyongyosi (3×) also: Cited "see"
Fla. Dist. Ct. App. · 2002 · confidence medium
Certiorari review of a board's decision must be in accord with City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla. 1982), which established a two-tier review of such decisions.
discussed Cited as authority (rule) DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES v. Trimble
Fla. Dist. Ct. App. · 2002 · confidence medium
Palm Beach Zoning Bd. of Appeals, 541 So.2d 106 , 108 (Fla.1989); City of Deerfield Beach v. Vaillant, 419 So.2d 624, 626 (Fla.1982); Dep't of Highway Safety & Motor Vehicles v. Favino, 667 So.2d 305, 308 (Fla. 1st DCA 1995).
CITY OF DEERFIELD BEACH, Wardell Chance, Doris Hunn, Myrle Johnson, Richard Mowry, and Lawrence Vanderwiele, Petitioners,
v.
Michael H. VAILLANT, Respondent.
60924.
Supreme Court of Florida.
Jul 29, 1982.
419 So. 2d 624
Alderman.
Cited by 277 opinions  |  Published

[*625] Andrew S. Maurodis, Deerfield Beach, for petitioners.

Philip S. Shailer of Shailer & Purdy, Fort Lauderdale, for respondent.

ALDERMAN, Chief Justice.

We review the decision of the District Court of Appeal, Fourth District, in City of Deerfield Beach v. Vaillant, 399 So.2d 1045 (Fla. 4th DCA 1981), which expressly conflicts with United Teachers of Dade v. Save Brickell Avenue, Inc., 378 So.2d 296 (Fla. 3d DCA 1979). The sole issue before us is whether a final judgment of the circuit court reviewing administrative action is subject to appeal in the district court of appeal or whether this judgment is reviewable only by writ of certiorari. The Fourth District in the present case held that the circuit court's order reversing a decision of the Civil Service Board was reviewable only by writ of certiorari pursuant to Florida Rule of Appellate Procedure 9.030(b)(2)(B). We agree and approve the decision of the Fourth District.

Michael Vaillant was terminated as the superintendent of the Deerfield Beach Wastewater Treatment Plant by the city manager. He appealed to the Civil Service Board of the City of Deerfield Beach which, after hearing, voted to uphold his termination. He then petitioned the circuit court for review of the board's action by certiorari. After examining the entire record "including hundreds of pages of proceedings and testimony taken and given before the Board," the circuit court granted Vaillant's petition, reversed the board's decision, and ordered Vaillant reinstated.

The City of Deerfield Beach appealed to the Fourth District, but the district court, finding its scope of review to be limited when the circuit court has acted in its appellate capacity, treated the appeal as a petition for writ of certiorari and denied it. The district court pointed out that the controversy over which method of review is available in the district court is engendered by the use of the words "certiorari" and "appeal" synonymously with the intention of denoting a seeking out of higher review and that the type of "certiorari" sought in[*626] the circuit court here was not a discretionary review but rather was a review to which Vaillant was entitled as a matter of right. It explained that in reviewing the board's action, the circuit court determined whether or not the board provided procedural due process, observed the essential requirements of the law, and supported its findings by substantial competent evidence. Regardless of the nomenclature, the Fourth District determined, the review sought in the circuit court was effectually an "appeal." To establish its appropriate scope of review, the district court relied upon Florida Rule of Appellate Procedure 9.030(b)(2)(B) which provides that the certiorari jurisdiction of the district court may be sought to review final orders of circuit courts acting in their review capacity. Stating that a final judgment of a circuit court acting in its review capacity is not appealable as a matter of right to a district court if it has already been directly "appealed" to a circuit court, it found inapplicable article V, section 4(b)(1), Florida Constitution, which provides in pertinent part:

District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders of trial courts, including those entered on review of administrative action, not directly appealable to . .. a circuit court.

Evaluating the circuit court's judgment in light of its limited standard of review, the district court determined that procedural due process was afforded and that essential requirements of the law were observed.

We agree with the decision and rationale of the Fourth District in the present case. See also Campbell v. Vetter, 392 So.2d 6 (Fla. 4th DCA 1980), review denied, 399 So.2d 1140 (Fla. 1981); Phipps v. Board of Adjustment, 388 So.2d 317 (Fla. 4th DCA 1980); Campbell v. Vetter, 375 So.2d 4 (Fla. 4th DCA 1979); Civil Service Board, City of Fort Lauderdale v. Carter, 363 So.2d 858 (Fla. 4th DCA 1978). As a case moves up the appellate ladder, each level of review does not become broader. As Chief Judge Letts, speaking for the court, said:

[C]ommon sense dictates that no one enjoys three full repetitive reviews to,
1. a civil service board
2. a circuit court
3. a district court of appeal... .

City of Deerfield Beach v. Vaillant, 399 So.2d at 1047.

We disapprove United Teachers of Dade v. Brickell Avenue, Inc. insofar as it holds that a final judgment of the circuit court acting in its review capacity to review administrative action is appealable as a matter of right to the district court where it has already been directly "appealed" to the circuit court. Cf. Save Brickell Avenue, Inc. v. City of Miami, 393 So.2d 1197 (Fla. 3d DCA 1981), wherein the Third District treated as a petition for writ of certiorari an appeal from the circuit court's final judgment entered in a zoning matter brought to the circuit court for review.

We hold that where full review of administrative action is given in the circuit court as a matter of right, one appealing the circuit court's judgment is not entitled to a second full review in the district court. Where a party is entitled as a matter of right to seek review in the circuit court from administrative action, the circuit court must determine whether procedural due process is accorded, whether the essential requirements of the law have been observed, and whether the administrative findings and judgment are supported by competent substantial evidence. The district court, upon review of the circuit court's judgment, then determines whether the circuit court afforded procedural due process and applied the correct law.

Accordingly, we approve the decision of the Fourth District.

It is so ordered.

BOYD, OVERTON, SUNDBERG, McDONALD and EHRLICH, JJ., concur.

ADKINS, J., dissents.