DIEGO DE LA TORRE AND INALBIS DE LA TORRE, AS THE NEXT FRIENDS AND NATURAL GUARDIANS OF JUAN DE LA TORRE, A MINOR, AND DIEGO DE LA TORRE AND INALBIS DE LA TORRE, INDIVIDUALLY, APPELLANTS,
v.
CHEVRON, U. S. A., INC., A FOREIGN CORPORATION, AND AMERICAN HOME ASSURANCE CO., A FOREIGN CORP., JOINTLY AND INDIVIDUALLY, APPELLEES

Fla. 3d DCA | 1979-08-07
No. 78-2363
Before BARKDULL and HUBBART, JJ., and CHAPPELL, BILL G., Associate Judge.
374 So. 2d 1046 Florida District Court of Appeal, Third District (1979) Positive Treatment
Cited by 21 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Gulf Refining Co. v. Wilkinson, 94 Fla. 664, 114 So. 503 (1927); Cawthon v. Phillips Petroleum Company, 124 So. 2d 517 (Fla. 2d DCA 1960); Drum v. Pure Oil Company, 184 So. 2d 196 (Fla. 4th DCA 1966); McMillion v. Sinclair Refining Company, 236 So. 2d 151 (Fla. 1st DCA 1970). Compare Fernandez v. Valle, 364 So. 2d 835 (Fla. 3d DCA 1978).


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Cited By (21 total)

  • Coral Reef Nurseries, Inc. v. The Babcock Co., 410 So. 2d 648 (Fla. 3d DCA 1982)
    …a court when the question whether the resolution serves the health, safety, morals or general welfare of the public is open to dispute on grounds that make sense supported by competent substantial evidence. See Dade County v. United Resources, Inc., 374 So. 2d 1046 (Fla. 3d DCA 1979). .One member of the three-judge Circuit Court panel dissented, expressing the view that the doctrine of administrative res judicata does apply to zoning decisions and barred the Commission’s 1979 action. As will be seen, infra, w…
  • Norwood-Norland Homeowners' Assn., Inc. v. Dade Cnty., 511 So. 2d 1009 (Fla. 3d DCA 1987)
    …’s zoning decision is “fairly debatable.” The “fairly debatable” test asks whether reasonable minds could differ as to the outcome of a hearing. If so, the court should sustain a county commission’s resolution. Dade County v. United Resources, Inc., 374 So. 2d 1046 (Fla. 3d DCA 1979); Davis v. Sails, 318 So. 2d 214 (Fla. 1st DCA 1975); City of Miami v. Schutte, 262 So. 2d 14 (Fla. 3d DCA 1972). The scope of this court’s review of a circuit court order rendered in its appellate capacity in an administrative ac…
  • …nal staff reports analyzing a proposed use constituted competent substantial evidence); Metro. Dade Cnty. v. Fuller, 515 So. 2d 1312, 1314 (Fla. 3d DCA 1987) (stating that staff recommendations constituted evidence); Dade Cnty. v. United Res., Inc., 374 So. 2d 1046, 1050 (Fla. 3d DCA 1979) (confirming that the recommendation of professional staff “is probative”). Based on this record, the burden shifted to the opponents of the request to introduce competent substantial evidence demonstrating that the applicat…

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