Legal Opinion · Concurrence

Achord v. Osceola Farms Co.

District Court of Appeal of Florida

Decided September 1, 2010No. 4D09-1906Published

1ConcurrenceLevine, J.

I agree with the majority that we do not have jurisdiction for second-tier certiorari review based upon the specific facts before us. Our inquiry is “limited to whether the circuit court afforded procedural due process and whether the circuit court applied the correct law.” Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530 (Fla.1995).

The majority correctly asserts that our inquiry could end with the fact that the circuit court did not depart from clearly established precedent due to the fact there *705is no controlling precedent that a bond requirement is unconstitutional when applied to…

2Cases cited5 opinions

  1. Haines City Community Dev. v. HeggsSupreme Court of Florida · 1995
  2. Ivey v. Allstate Ins. Co.Supreme Court of Florida · 2000
  3. Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
  4. State v. BelvinSupreme Court of Florida · 2008
  5. Wolf Creek Land Dev. v. Masterpiece HomesDistrict Court of Appeal of Florida · 2006

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