City of Miami v. HERVIS

I concur in the result the majority has reached. I agree that the Circuit Court denied the City procedural due process in reviewing an incomplete record, and for this reason, the City is entitled to relief. See Estes v. Sassano, 47 So.3d 383 (Fla. 1st DCA 2010); Cook v. City of Winter Haven Police Dep’t, 837 So.2d 492 (Fla. 2d DCA 2003).

I cannot join the majority’s opinion, however, with regard to the merits in this case. On the record provided, as outlined by the majority, neither this Court nor the Circuit Court can fully review the discrimination claim.

Accordingly, I concur in the result…