Category Archives: Standards of Review

Standards of Review in Appellate Courts (continued – Section G)

G. OTHER PRINCIPLES PERTINENT TO STANDARD OF REVIEW 1. The appellate court will not undertake to resolve issues which, though of interest to bench and bar, are not dispositive of the particular case before the court. Pagan v. Sarasota County Public Hosp. Bd., 884 So.2d 257 (Fla. 2d DCA 2004). 2. When a change in … Read More

Standards of Review in Appellate Courts (continued – Section F)

F. STANDARD OF REVIEW IN ADMINISTRATIVE APPEALS 1. Rulings of administrative board acting in quasi-judicial capacity reviewable by certiorari and will be upheld if supported by competent substantial evidence. Schreiber Exp., Inc. v. Yarborough, 257 So.2d 245 (Fla. 1971); De Groot v. Sheffield, 95 So.2d 912 (Fla. 1957). 2. Exercise of local government zoning power … Read More

Standards of Review in Appellate Courts (continued – Section E)

E. STANDARD OF REVIEW FOR PETITION FOR CERTIORARI 1. When the discretionary jurisdiction of the appellate court is invoked, the standard of review is whether the lower court departed from the essential requirements of law. Vermette v. Ludwig, 707 So.2d 742 (Fla. 2d DCA 1997). 2. This standard of review is considered a higher standard … Read More

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