In Board of County Commissioners v. City ov Cocoa, over a strong dissent by Judge Evander, the 5th District let the City get away with what appears from the dissent to be a clearly illegal involuntary annexation of undeveloped lands because there was no "miscarriage of justice."
In effect, the District Court used this oft-abused 2d tier certiorari standard, which is intended to prevent simple complaining from reaching the districts as a "second appeal." as a basis for turning a blind eye to a flat out abuse. The legislature or the Supreme Court MUST fix this situation. Certiorari review is simply insufficient where there are no meaningful procedures, requirements for written opinions, and too little meaningful guidance on what consitutes "departure from the essential requirements of law."
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Chủ Nhật, 1 tháng 7, 2007
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
I don't know, I feel like we're getting a little Frank Jimenez chronic here, and yet more news keeps breaking. Now it's this , i...
-
stucomplaint I'm still on a high from last night's Bar thingy, so...
-
11th Circuit, 11th Schmircuit, that's what I always say. And I see I'm not alone. On Friday in the closely-watched Checking Overdraf...
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Here is the Senate Judiciary Committee agenda (there was a live webcast too). From a well-placed source: He finished – no hard questions- ...
-
In the very long saga of Fort Lauderdale attorney Robert Ingham 's doomed representation of MCS against Essent Healthcare, Judge Seitz ...
-
Hi folks, lots of fun stories floating around today. First, as anyone working at a big firm knows, conflicts checks are a real hassle. Just ...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
Không có nhận xét nào:
Đăng nhận xét