Third District Court of Appeal
State of Florida
Opinion filed June 14, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D23-418
Lower Tribunal No. 22-3 AP
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Miami Jewish Home and Hospital Inc.,
Petitioner,
vs.
Miami-Dade County,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Appellate Division, Daryl E. Trawick, Lisa S. Walsh and Maria de
Jesus Santovenia, Judges.
Bercow Radell Fernandez Larkin & Tapanes, PLLC, and Thomas H.
Robertson and Nicholas J. Rodriguez-Caballero, for petitioner.
Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Sarah
E. Davis and Angela F. Benjamin, Assistant County Attorneys, for
respondent.
Before EMAS, LOGUE and GORDO, JJ.
PER CURIAM.
Denied. See Custer Med. Ctr. v. United Auto. Inc. Co.,
62 So. 3d 1086,
1092-93 (Fla. 2010) (noting that “the district courts should consider the
nature of the error and grant a petition for writ of certiorari ‘only when there
has been a violation of a clearly established principle of law resulting in a
miscarriage of justice;’” acknowledging that “this Court has definitively
expressed that certiorari cannot be used to grant a second appeal to correct
the existence of mere legal error;” and holding that “a circuit court appellate
decision made according to the forms of law and the rules prescribed for
rendering it, although it may be erroneous in its conclusion as to what the
law is as applied to the facts, is not a departure from the essential
requirements of the law remediable by certiorari”) (additional citations
omitted).
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