The City of North Port v. W. Villagers for Responsible Gov't

Full title: THE CITY OF NORTH PORT, Petitioner, v. WEST VILLAGERS FOR RESPONSIBLE…

Court: Florida Court of Appeals, Second District

Date published: Oct 7, 2022

No. 2D22-269 (Fla. Dist. Ct. App. Oct. 7, 2022)

Opinion

2D22-269

10-07-2022

THE CITY OF NORTH PORT, Petitioner, v. WEST VILLAGERS FOR RESPONSIBLE GOVERNMENT, INC., AND JOHN MEISEL, Respondents.

Nikki C. Day, Jamie A. Kilpatrick, and Elizabeth W. Neiberger of Bryant, Miller, Oliver, P.A., Tampa, for Petitioner. Luke Lirot of Luke Charles Lirot, P.A., Clearwater, for Respondents. Ashley Lukis of GrayRobinson, P.A., Tallahassee; and Thomas A. Cloud of GrayRobinson, Orlando, for Amicus Curiae Florida League of Cities, Inc.

KHOUZAM, Judge.

Opinion subject to revision prior to official publication.

Petition for Writ of Certiorari to the Circuit Court for the Twentieth Judicial Circuit for Sarasota County; sitting in its appellate capacity.

Nikki C. Day, Jamie A. Kilpatrick, and Elizabeth W. Neiberger of Bryant, Miller, Oliver, P.A., Tampa, for Petitioner.

Luke Lirot of Luke Charles Lirot, P.A., Clearwater, for Respondents.

Ashley Lukis of GrayRobinson, P.A., Tallahassee; and Thomas A. Cloud of GrayRobinson, Orlando, for Amicus Curiae Florida League of Cities, Inc.

KHOUZAM, Judge.

The City of North Port petitions this court for second-tier certiorari review, seeking to quash the circuit court's order granting the first-tier certiorari petition filed by West Villagers for Responsible Government and John Meisel. The circuit court quashed the City Commission's order rejecting West Villagers' petition to contract the City's municipal boundaries pursuant to section 171.051, Florida Statutes (2020). We deny the City's petition.

On a petition for second-tier certiorari, this court's review is extremely limited. "As a case travels up the judicial ladder, review should consistently become narrower . . . ." Nader v. Fla. Dep't of Highway Safety & Motor Vehicles, 87 So.3d 712, 723 (Fla. 2012) (quoting Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530 (Fla. 1995)). On second-tier certiorari review, "[t]he inquiry is limited to whether the circuit court afforded procedural due process and whether the circuit court applied the correct law." Id. (quoting Heggs, 658 So.2d at 530). "[A]ppellate courts must exercise caution not to expand certiorari jurisdiction to review the correctness of the circuit court's decision." Id.

Here, procedural due process is not at issue, and the circuit court applied the correct law. Because the circuit court applied the correct law, second-tier certiorari relief is not warranted. Accordingly, we deny the City's petition.

Denied.

MORRIS, CJ, and BLACK, J, Concur