JOSEPH HENN, PETITIONER,
v.
JULIE SANDLER AND IRIS SANDLER, RESPONDENTS

Fla. 4th DCA | 1991-12-27
No. 91-1634
GLICKSTEIN, C.J., and LETTS and GUNTHER, JJ., concur.
589 So. 2d 1337 Florida District Court of Appeal, Fourth District (1991) Caution
Cited by 89 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant the petition for certiorari and quash the trial court’s order of May 24, 1991. See Henn v. Sandler, 589 So. 2d 1334 (Fla. 4th DCA 1991) (on motion for rehearing en banc).

GLICKSTEIN, C.J., and LETTS and GUNTHER, JJ., concur.


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  • …on was fairly debatable. The county further argues that the opinion below eliminates a local government’s ability to operate in a legislative context and impairs its ability to respond to public comment. The county refers to Jennings v. Dade County, 589 So. 2d 1337 (Fla. 3d DCA1991), review denied, 598 So. 2d 75 (Fla. 1992), for the proposition that if its rezoning decision is quasi-judicial, the commissioners will be prohibited from obtaining community input by way of ex parte communications from its citizens…
  • Boynton v. Milton Burglass, M.D., 590 So. 2d 446 (Fla. 3d DCA 1991)
    …rd. However, because the plaintiffs could not have previously anticipated the result in this case of first impression, they should now be given leave to amend the complaint accordingly, if they can conscientiously do so. See Jennings v. Dade County, 589 So. 2d 1337 (Fla. 3d DCA 1991) [16 FLW D2059]; Gabriel v. Tripp, 576 So. 2d 404 (Fla. 2d DCA 1991). Although the thought was expressed in a similarly losing effort, I continue to believe that “a common law duty exists when a court says it does because it think…
  • LEE Cnty. v. Sunbelt Equities, II, 619 So. 2d 996 (Fla. 2d DCA 1993)
    …xisting conditions by making a new rule to be applied thereafter to all or some part of those subject to its power.” Prentis v. Atlantic Coast Line Co., 211 U.S. 210, 226, 29 S.Ct. 67, 69, 53 L.Ed. 150, 158 (1908), quoted in Jennings v. Dade County, 589 So. 2d 1337, 1343 (Fla. 3d DCA 1991), rev. denied, 598 So. 2d 75 (Fla.1992) (Ferguson, J., concurring). A judicial decision involves a controversy over how existing law affects a set of facts — what Judge Scheb called “enforcing” the current ordinance. 578 So.…

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