HELGA HUGET AND VERA BOTHMAN, A FLORIDA PARTNERSHIP D/B/A MARE GRANDE HOTEL, APPELLANTS,
v.
CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION; ANTHONY HAFEZ, D/B/A MICHELLE APARTMENTS AND MIAMI BEACH HOTEL; KENT INSURANCE COMPANY AND AMERICAN LA FRANCE CORPORATION, APPELLEES

Fla. 3d DCA | 1984-10-09
Nos. 83-2939, 83-2940 and 83-2957
Before HENDRY, HUBBART and BAS-KIN, JJ.
458 So. 2d 22 Florida District Court of Appeal, Third District (1984) Caution
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See West v. Caterpillar Tractor Co., 336 So. 2d 80 (Fla.1976); Halpryn v. Highland Insurance Co., 426 So. 2d 1050 (Fla. 3d DCA 1983); Royal v. Black & Decker Manufacturing Co., 205 So. 2d 307 (Fla. 3d DCA 1967), cert. denied, 211 So. 2d 214 (Fla.1968). See also U.S. Flourescent Manufacturing Co. v. Florida Power & Light Co., 360 So. 2d 476 (Fla. 3d DCA 1978); Bush v. City of Dania, 121 So. 2d 169 (Fla. 2d DCA 1960).


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  • …d either in circuit court or before the appropriate agency. See Key Haven Associated Enterprises, Inc. v. Board of Trustees of the Internal Improvement Trust Fund, 427 So. 2d 153 (Fla.1982); Criterion Insurance Co. v. State, Department of Insurance, 458 So. 2d 22 (Fla. 1st DCA 1984). Section 120.73 does not under the circumstances at bar permit the circuit court to proceed to judgment in the face of an available, alternative administrative remedy. Three categories of issues are generally recognized as autho…
  • …decided the constitutional issues raised by appellants, it is not necessary to remand to the trial court for a trial of these issues since this court can address them without a record. Citing Criterion Insurance Co. v. State Department of Insurance, 458 So. 2d 22 (Fla. 1st DCA 1984), counsel argued that appellants’ facial constitutional attack on section 626.-988 raises legal issues which may be decided on the basis of the complaint and the face of the statute, and therefore remand for a factual record is no…
  • …on” to force HRS to render a determination, we do not interpret the statute as authority “for permitting entry into the circuit court without [first] complying with the exhaustion doctrine.” Criterion Insurance Co. v. State, Department of Insurance, 458 So. 2d 22, 26 (Fla. 1st DCA 1984); State ex rel. Department of General Services v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977). Section 381.-494(8)(c) specifically includes, as “appropriate legal action”, relief under the Administrative Procedure Act, and purs…

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