Public-domain · open source
OpenJurist

667 So. 2d 376

Docket No. 94-3233.

Brown v. Walton County

Gloria Ann BROWN, Appellant, v. WALTON COUNTY, Appellee.

District Court of Appeal of Florida

Decided November 29, 1995.

District Court of Appeal of Florida · decided 1995-11-29

Cited by 1 later decisions — most recently June 2007

1 state decisions

Relies on 658 So. 2d 523 - Haines City Community Dev. v. Heggs · 541 So. 2d 106 - Educ. Dev. Ctr., Inc. v. City of West Palm Beach Zoning Bd. of Appeals · Ford v. Bay County School Board

Good law ✅— No negative treatment on recordhow we know

Decided 1995-11-29

View the full empirical analysis of this case →

¶1James H. Tipler of The Tipler Law Offices, Ft. Walton Beach, for Appellant.

¶2George Ralph Miller, DeFuniak Springs, for Appellee.

¶3PER CURIAM.

¶4Because this is an appeal from an order of the circuit court acting in its appellate capacity, we treat the notice of appeal as a petition for certiorari. See Florida Rule of Appellate Procedure 9.040(c). We have reviewed the record to determine whether the circuit court afforded procedural due process and applied the correct law, i.e., observed the essential requirements of law. See Haines City Community Dev. v. Heggs,658 So.2d 523 (Fla. 1995); Education Dev. Ctr., Inc. v. City of West Palm Beach Zoning Bd. of Appeals,541 So.2d 106 (Fla. 1989).

¶5On the authority of Cherry Communications v. Deason,652 So.2d 803 (Fla. 1995), we have determined that Brown was *377 not afforded procedural due process. At the quasi-judicial proceeding before the County Grievance Committee, the county's counsel both acted as an advocate and "proffer[ed] legal advice during the hearing." Ford v. Bay County School Bd.,246 So.2d 119, 122 (Fla. 1st DCA 1970), cert. denied,257 So.2d 259 (Fla. 1972). Accordingly, we grant the petition for certiorari and quash the circuit court order affirming the decision of the grievance committee.

¶6BOOTH, JOANOS and BENTON, JJ., concur.

/667/so2d/376 · .json · Public domain