Legal Opinion · Concurring in part, dissenting in part

Universal City Development Partners, Ltd. v. Pupillo

District Court of Appeal of Florida

Decided February 18, 2011No. 5D10-2491Published

1Concurring in part, dissenting in partSawaya, J.

I agree with that part of the majority opinion that denies the Petition for Certio-*615rari. I respectfully disagree with that part of the majority opinion that grants the Petition. If, as the majority contends, the decision whether to grant or deny certiora-ri regarding the requested incident reports is to be based on a party’s failure to meet the burden of presenting competent, substantial evidence, that failure lies on the part of Petitioner. The order we review emanates from a rehearing granted pursuant to Petitioner’s Motion for Rehearing necessitated by the failure of Petitioner’s counsel…

2Cases cited26 opinions

  1. Bowne of New York City, Inc. v. AmBase Corp.District Court, S.D. New York · 1993
  2. Southern Bell Tel. & Tel. Co. v. DeasonSupreme Court of Florida · 1994
  3. McCoo v. Denny's Inc.District Court, D. Kansas · 2000
  4. Bulow v. BulowCourt of Appeals for the Second Circuit · 1987
  5. Winn-Dixie Stores, Inc. v. NakutisDistrict Court of Appeal of Florida · 1983

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