Hernandez v. Miami-Dade Cnty., 245 So. 3d 1007 (2018)

May 30, 2018 · District Court of Appeal of Florida, Third District · No. 3D17–1364
245 So. 3d 1007

Moises HERNANDEZ, Petitioner,
v.
MIAMI-DADE COUNTY, Respondent.

No. 3D17-1364

District Court of Appeal of Florida, Third District.

Opinion filed May 30, 2018

Law Office of Leslie Holland, and Leslie Holland, for petitioner.

Abigail Price-Williams, Miami-Dade County Attorney, and William X. Candela, Assistant County Attorney, for respondent.

Before ROTHENBERG, C.J., and LAGOA, and LINDSEY, JJ.

PER CURIAM.

Petitioner, Moises Hernandez, brought this case as an appeal from the circuit court appellate division's per curiam affirmance of the Miami-Dade County Mayor's decision dismissing Petitioner from his employment with the County based on the findings and recommendations of a hearing officer following a civil service hearing conducted pursuant to Section 2-47 of the Miami-Dade County Code. We treat the appeal as a petition for second-tier certiorari review. See Fla. R. App. P. 9.030(b)(2)(B).

As such, we are limited to a determination of whether Petitioner has demonstrated a violation of a clearly established legal principle that resulted in a miscarriage of justice. See Miami-Dade Cty. v. Omnipoint Holdings, Inc., 863 So.2d 195, 199 (Fla. 2003). In considering the evidence in the record, we find he has not and, therefore, deny the petition.

PETITION DENIED.