Atlantic Gulf Communities Corp. v. City of Port St. Lucie

ON EMERGENCY MOTION TO RECALL MANDATE, MOTION FOR CERTIFICATION, AND MOTION TO ACCEPT MOTION FOR CERTIFICATION AS TIMELY FILED

The City of Port St. Lucie’s emergency motion to recall mandate, motion for certification, and motion to accept an untimely motion for certification as timely filed are denied. The mandate issued on May 28, 1999. The City filed its motions on June 29, 1999. Unlike Thompson v. Singletary, 659 So.2d 435 (Fla. 4th DCA 1995), this case does not involve the potential of a miscarriage of justice, which justifies recalling the mandate. The issues in this case are purely legal…