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MIAMI-DADE COUNTY v. HERNANDEZ

No. 99-309.

738 So.2d 407 (1999)

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

District Court of Appeal of Florida, Third District.

June 23, 1999.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Dade County Attorney, and Augusto Maxwell, Assistant County Attorney, for petitioner.

Arnaldo Velez, for respondent.

Before NESBITT, JORGENSON, and LEVY, JJ.

PER CURIAM.

Miami-Dade County ("Miami-Dade") seeks a writ of certiorari quashing the decision of the Circuit Court, Appellate Division which reversed the Miami-Dade County Commission's ("the County Commission") denial of Appellee's zoning application. We grant the Petition.

We find that the circuit court, acting in its appellate capacity, departed from the essential requirements of law when it impermissibly reweighed the evidence and substituted its own judgment...

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