CITY OF FORT PIERCE, FLORIDA, APPELLANT,
v.
GLORIA AND JOHN H. DICKERSON, APPELLEES

Fla. 4th DCA | 1991-11-13
No. 91-1220
LETTS and GARRETT, JJ., concur.
588 So. 2d 1080 Florida District Court of Appeal, Fourth District (1991) Positive Treatment
Cited by 12 cases

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Holding

The trial court lacked jurisdiction to grant a temporary injunction via a complaint for declaratory and injunctive relief when the underlying administrative decision was quasi-judicial and reviewable only by certiorari.


Headnotes

[1] A city commission's decision to condemn and demolish a structure after notice and a hearing, based on testimony presented at that hearing, is quasi-judicial in nature.

[2] Quasi-judicial decisions of a city commission are reviewable by a petition for writ of certiorari, not by a complaint for declaratory and injunctive relief.

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Facts & Procedural History

The City of Fort Pierce condemned a property owner's house and ordered demolition. The property owners sought a temporary injunction to delay demoliti…

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Opinion of the Court
GUNTHER, Judge.

GUNTHER, Judge.

The City of Fort Pierce (Ft. Pierce) appeals the trial court’s order denying its amended motion to dissolve a temporary injunction. The temporary injunction, issued in favor of the property owners, Gloria and John Dickerson (Dickersons), enjoined Ft. Pierce, for a period of sixty days, from demolishing the residential structure (house) located on the Dickersons’ rental property.

The instant case was set in motion by Resolution No. 91-01 (resolution) passed by the Ft. Pierce City Commission (Commission). Prior to the resolution being passed, the Dickersons were notified by Ft. Pierce that their house might be condemned, that a public hearing would be held to determine the matter, and that they should attend the public hearing and show cause why the house should not be condemned. Following the appearance and testimony of the Dickersons at the public hearing, the Commission passed the resolution which provided that the Dickersons’ house was a fire hazard, a menace to the business, health, and safety of the people of the City of Ft. Pierce, was condemned, and would be demolished by Ft. Pierce on or before a certain date.

In seeking review of the resolution, the Dickersons filed a complaint for declaratory and injunctive relief. Thereafter, the Dickersons moved the trial court for a temporary injunction to enjoin the demolition of their house and to obtain additional time to make the necessary repairs to the house. The Dickersons alleged entitlement to a temporary injunction on the grounds that Ft. Pierce had failed to furnish them with adequate notice of the code violations, that they would suffer irreparable harm because once the house was demolished the zoning regulations prohibited them from rebuilding a rental unit on the lot, and that allowing the demolition of their rental house would violate their due process rights.

After a hearing on the motion and over Ft. Pierce’s objection, the trial court granted the temporary injunction giving the Dickersons an additional sixty days to repair their house. In denying Ft. Pierce’s subsequent motion to dissolve the temporary injunction, the trial court stated that he was satisfied Ft. Pierce followed the city code, but that he thought the code was harsh and did not give people enough time to comply.

The first issue we must resolve is whether the trial court had jurisdiction to entertain the Dickersons’ complaint for declaratory and injunctive relief or whether the Dickersons should have sought review of the Commission’s resolution by a petition for writ of certiorari. To answer this question we must determine whether the Commission, in ordering the demolition of the Dickersons’ house, acted in a quasi-judicial or a quasi-legislative capacity. If the Commission acted in a quasi-judicial capacity, the proper method of review is by certiorari, but if the Commission’s action was quasi-legislative, the proper method of review is a suit in the circuit court for declaratory or injunctive relief. Walgreen Co. v. Polk County, 524 So. 2d 1119, 1120 (Fla. 2d DCA 1984).

As reiterated in City of Boynton Beach, a decision is quasi-judicial when notice and a hearing is required and the decision is contingent on a showing made at a hearing. City of Boynton Beach v. V.S.H. Realty, Inc., 443 So. 2d 452, 454 (Fla. 4th DCA 1984). In the instant case, notice and hearing was prescribed by ordinance, and the decision to demolish the house was made based on testimony adduced at this hearing. Thus, we conclude that the resolution by the Ft. Pierce City Commission was quasi-judicial. Consequently, we agree with Ft. Pierce’s assertion that since the resolution was a quasi-judicial decision rendered by the Commission, it was reviewable only by petition for writ of certiorari, and not by a complaint for declaratory and injunctive relief.

Since review of the resolution should have been by certiorari, the trial court was without jurisdiction to entertain a complaint for declaratory and injunctive relief and should not have granted the Dickersons’ motion for a temporary injunction. As this court has previously held, a court’s certiorari review power does not extend to directing that any particular action be taken, but is limited to denying the petition for writ of certiorari or quashing the order reviewed. National Advertising Co. v. Broward County, 491 So. 2d 1262, 1263 (Fla. 4th DCA 1986). Thus, we reverse the order denying the motion to dissolve the temporary injunction and remand to the trial court with instructions to dissolve the temporary injunction.

Although the Dickersons improperly filed a complaint for declaratory and in-junctive relief in an attempt to seek review of the resolution, review by the circuit court might still be possible. If an improperly filed complaint is filed within the thirty-day time period required by Florida Rule of Appellate Procedure 9.100(c), a trial court can treat it as a petition for writ of certiorari. Reed v. City of Hollywood, 483 So. 2d 759, 760 (Fla. 4th DCA 1986). Therefore, we remand to the trial court for a hearing to determine whether the Dicker-sons’ complaint was filed within thirty days of the rendition of the resolution.

In conclusion, since the trial court lacked jurisdiction to entertain a complaint for declaratory or injunctive relief, the order denying the motion to dissolve the temporary injunction is reversed and the cause remanded to the trial court to enter an order dissolving the temporary injunction entered against Ft. Pierce. Upon remand, the trial court shall hold a hearing to determine whether the Dickersons’ complaint was filed timely in accordance with Florida Rule of Appellate Procedure 9.100(c). If timely filed, the complaint shall be properly treated by the circuit court as a petition for writ of certiorari thereby permitting review of the resolution.

REVERSED AND REMANDED.

LETTS and GARRETT, JJ., concur.


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  • Grace v. Town OF Palm Beach, 656 So. 2d 945 (Fla. 4th DCA 1995)
    …. 2d 415, 417 (Fla. 2d DCA 1991). See also Sun Ray Homes, Inc. v. County of Dade, 166 So. 2d 827, 829 (Fla. 3d DCA 1964); City of St. Petersburg v. Cardinal Indus. Dev. Corp., 493 So. 2d 535, 537 (Fla. 2d DCA 1986); City of Fort Pierce v. Dickerson, 588 So. 2d 1080, 1082 (Fla. 4th DCA 1991); Battaglia Fruit Co. v. City of Maitland, 530 So. 2d 940, 943 (Fla. 5th DCA), dismissed, 537 So. 2d 568 (Fla.1988); § 10.50, Palm Beach Town Code. Appellants, neighboring property owners, do not dispute that the special ex…
  • …To the extent that DNR and the board of trustees challenge the county’s approval of Miller Enterprises’ zoning application as violative of the Wekiva River Protection Act, they are limited to certiorari review. See City of Fort Pierce v. Dickerson, 588 So. 2d 1080 (Fla. 4th DCA 1991) (certiorari is proper method of review for quasi-judicial proceedings or those which require notice and a hearing and a decision which is contingent on a showing made at the hearing); Hirt v. Polk County Bd. of County Comm’s, 578…
  • …nged the denial of an application for a special exception by a complaint for declaratory judgment. The Second District concluded that the proper method to attack the denial was by way of petition for certiorari. In City of Fort Pierce v. Dickerson, 588 So. 2d 1080 (Fla. 4th DCA 1991), the city ordered demolition of a house and the homeowners brought actions for declarato [*275] ry and injunctive relief. The circuit court issued a temporary injunction and the city appealed. There, we recognized that the trial…

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