tag:blogger.com,1999:blog-5288319.post113583272036652326..comments2019-01-08T04:47:19.004-05:00Comments on Florida Land Use Law: Very Important Decision on Initiating Certiorari ReviewRoberthttp://www.blogger.com/profile/14768584961111918833noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5288319.post-1137522014728331682006-01-17T13:20:00.000-05:002006-01-17T13:20:00.000-05:00Part of the Second District's opinion would appear...Part of the Second District's opinion would appear to be contrary to comments to Fla. R. App. P. 9.100, namely those pertaining to the 1996 amendments, which provide:<BR/><BR/>Subdivision (f) was added to clarify that in extraordinary proceedings to review lower tribunal action this rule, and not Florida Rule of Civil Procedure 1.630, applies . . . . If the proceeding before the circuit court is or may be evidentiary in nature, then the procedures of the Florida Rules of Civil Procedure should be followed.<BR/><BR/>Seeing as how a certiorari proceeding to review quasi-judicial action are "on the record," it would appear, based upon the comment, that Fla. R. App. P. 9.100 would apply, rather than Fla. R. Civ. P. 1.630. Although the Second District summarily referenced Fla. R. App. P. 9.100(f) in its opinion, there was no mention or discussion of the above-quoted text from the rule's commentary. Just a point worth noting until the same issue plays out in other districts.Anonymousnoreply@blogger.com