Florida District Courts of Appeal, 2019

Gonzalez v. City of Miami

Gonzalez v. City of Miami
Florida District Courts of Appeal · Decided February 20, 2019

Gonzalez v. City of Miami

Opinion

Third District Court of Appeal State of Florida Opinion filed February 20, 2019.

Not final until disposition of timely filed motion for rehearing.

________________ No. 3D18-2242 Lower Tribunal Nos. 18-0249 & 18-0088 ________________

Haydee Alfaro Gonzalez, Petitioner, vs. City of Miami, a Municipal Corporation of the State of Florida, Respondent.

A Writ of Certiorari to the Circuit Court for Miami-Dade County, Appellate Division, Veronica A. Diaz, Oscar Rodriguez-Fonts, and Renatha S. Francis, Judges.

Rex E. Russo, for petitioner.

Victoria Méndez, City Attorney, and Kerri L. McNulty, Sr. Appellate Counsel, for respondent.

Before SALTER, LINDSEY, and MILLER, JJ.

ON PARTIAL CONFESSION OF ERROR PER CURIAM.

Petitioner Haydee Alfaro Gonzalez seeks to reinstate two separate appeals, which the Eleventh Judicial Circuit Appellate Division consolidated and then dismissed.1 The City of Miami concedes that there was no basis to dismiss the appeal from the City’s Code Enforcement Board (Gonzalez v. City of Miami, Miami-Dade County Circuit Court, Appellate Division, Case No. 18-0088 AP). We therefore grant the petition for writ of certiorari, quash the appellate division’s dismissal order with respect to case number 18-088 AP, and remand for reinstatement of that appeal.

Petition granted; order quashed.

Petitioner appealed (1) an order from the Code Enforcement Board (Case No. 18- AP) and (2) an order from the City’s Unsafe Structures Panel (Case No. 18-0249 AP).

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