Irvine v. Duval County Planning Com'n

Decision Date26 November 1986
Docket NumberNo. AX-455,AX-455
CitationIrvine v. Duval County Planning Com'n, 504 So.2d 1265, 11 Fla. L. Weekly 2474 (Fla. App. 1986)
Parties11 Fla. L. Weekly 2474 Stephen B. IRVINE, Petitioner, v. DUVAL COUNTY PLANNING COMMISSION and the City of Jacksonville, Respondents.
CourtFlorida District Court of Appeals

PER CURIAM.

The judgment and decision of this court filed March 12, 1985, and reported at 466 So.2d 357, wherein the petition for writ of certiorari filed by petitioner, Stephen B. Irvine, was denied, has been reviewed by the Supreme Court of Florida by discretionary review proceedings. The decision of that court, filed October 2, 1986, and reported at 495 So.2d 167, quashed this court's decision and remanded this case for further proceedings. The mandate of the Supreme Court has now been filed with this court.

Upon consideration of the mandate, it is ordered that the judgment and opinion of this court filed March 12, 1985, is hereby set aside and held for naught, and the opinion and judgment of the Supreme Court, filed October 2, 1986, and the dissenting opinion of Judge Zehmer, reported at 466 So.2d 362, is adopted as this court's opinion and...

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8 cases
  • Snyder v. Board of County Com'rs of Brevard County
    • United States
    • Florida District Court of Appeals
    • 12 d4 Dezembro d4 1991
    ...466 So.2d 357 (Fla. 1st DCA 1985) (Zehmer, J. dissenting), dissent approved, 495 So.2d 167 (Fla.1986), adopted after remand, 504 So.2d 1265 (Fla. 1st DCA 1986); Planning Commission of City of Jacksonville v. Brooks, 579 So.2d 270 (Fla. 1st DCA 1991) (in special exception cases commission fu......
  • Broward County v. GBV Intern., Ltd.
    • United States
    • Florida Supreme Court
    • 7 d4 Junho d4 2001
    ...167 (Fla.1986) (agreeing with Judge Zehmer's dissenting opinion concerning burden of proof in zoning cases), on remand, 504 So.2d 1265, 1267 (Fla. 1st DCA 1986) (adopting Judge Zehmer's dissenting opinion as the court's opinion and Shortly after Snyder, one commentator enunciated the reason......
  • Fender v. City of Miami
    • United States
    • Florida District Court of Appeals
    • 24 d3 Janeiro d3 1996
    ...COPE and GODERICH, JJ. PER CURIAM. Affirmed. Irvine v. Duval County Planning Comm'n, 495 So.2d 167 (Fla.1986), remanded, 504 So.2d 1265 (Fla. 1st DCA 1986); Shevin ex rel. State v. Public Service Comm'n, 333 So.2d 9 (Fla.1976); Dawson v. Saada, 608 So.2d 806 (Fla.1992), remanded, 612 So.2d ......
  • Thomas v. Office of Sheriff, BQ-367
    • United States
    • Florida District Court of Appeals
    • 5 d2 Maio d2 1987
    ...So.2d 357, 362 (Fla. 1st DCA 1985) (dissenting opinion by Judge Zehmer), approved, 495 So.2d 167 (Fla.1986),adopted on remand, 504 So.2d 1265 (Fla. 1st DCA 1986). Here, in the face of a record and an order obviously unclear as to the basis for the Board's decision, the trial court undertook......
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1 books & journal articles
  • Snyder house rules? The new deference in the review of quasi-judicial decisions.
    • United States
    • Florida Bar Journal Vol. 74 No. 10, November 2000
    • 1 d3 Novembro d3 2000
    ...466 So. 2d 357, 366 (Fla. 1st DCA 1985) (Zehmer, J., dissenting), approved, 495 So. 2d 167 (Fla. 1986), adopted after remand, 504 So. 2d 1265 (Fla. 1st DCA 1986), findings benefit a reviewing circuit court by exposing the "decisional referents"(13) below and eliminating "guess-work as to wh......