SUNNY ISLES V. PUBLIX

Annotate this Case

Download PDF

Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed February 16, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-857 Lower Tribunal No. 07-362 AP ________________ City of Sunny Isles Beach, Petitioner, vs. Publix Supermarkets, Inc., Respondent. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Cindy S. Lederman, William Johnson, and Marcia B. Caballero, Judges. Hans Ottinot, City Attorney, and Fernando Amuchastegui, Assistant City Attorney; and Coffey Burlington, Kendall B. Coffey, Jeffrey B. Crockett, and David J. Zack, for petitioner. Greenberg Traurig and Elliot H. Scherker, Paul R. Lipton, Bridgid F. Cech Samole, and Elaine D. Walter, for respondent. Before GERSTEN, WELLS, and SUAREZ, JJ. PER CURIAM. The City of Sunny Isles Beach petitions this Court for a writ of certiorari quashing a per curiam reversal of the Eleventh Judicial Circuit Court, Appellate Division ( Circuit Court ). We grant the petition as an appellate court cannot grant certiorari, thus quashing, an administrative decision, without providing reasons for so doing. Miami-Dade County v. Torbert, 39 So. 3d 482 (Fla. 3d DCA 2010; State Dep t of Highway Safety & Motor Vehicles v. Trauth, 937 So. 2d 758 (Fla. 3d DCA 2006). Accordingly, we grant the petition, quash the per curiam reversal issued below, and remand for the Circuit Court to issue a written opinion stating its reasons for granting certiorari. Petition granted. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.