JOHN DESMEDT, APPELLANT,
v.
THE CITY OF NORTH MIAMI BEACH, FLORIDA, ET AL., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a mistaken complaint seeking a declaratory judgment should have been treated as a proper remedy, such as a notice of appeal.
Plaintiff sought a declaratory judgment that a city commission's site plan approval was invalid. The trial court dismissed the action, finding the rem…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Certiorari Review cases and more on FLexlaw
SCHWARTZ, Chief Judge.
The judgment before us dismissed a complaint which sought a declaratory judgment that a resolution of the North Miami City Commission finally approving a site plan was invalid. The basis of the ruling below was that an original action for such relief was inappropriate. Pursuant to Florida Rule of Appellate Procedure 9.040(c),1 we treat this appeal as an application for certiorari, see City of Deerfield Beach v. Valliant, 419 So. 2d 624 (Fla.1982); Save Brickell Avenue, Inc. v. City of Miami, 393 So. 2d 1197, 1198 n. 1 (Fla. 3d DCA 1981), and quash the decision below.
Under the appellate rule which we have already invoked, Fla.R.App.P. 9.040(c), the mistaken complaint below should have been treated as an appropriate notice of appeal, see Fla.R.App.P. 9.030(c)(1)(A)2; City of Deerfield Beach, 419 So. 2d at 624; Brickell, 393 So. 2d at 1197; see Reed v. City of Hollywood, 483 So. 2d 759 (Fla. 4th DCA 1986). Because the complaint was filed within thirty days of the city commission action sought to be reviewed, there is no jurisdictional impediment to this determination.
Certiorari granted.
. RULE 9.040 GENERAL PROVISIONS
**
(c) Remedy. If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought; provided that it shall not be the responsibility of the court to seek the proper remedy.
. RULE 9.030 JURISDICTION OF COURTS
**
(c) Jurisdiction of Circuit Courts.
(1) Appeal Jurisdiction. The circuit courts shall review, by appeal:
(A) final orders of lower tribunals as provided by general law.
RULE 9.020 DEFINITIONS
**
(d) Lower Tribunal, the court, agency, officer, board, commission or body whose order is to be reviewed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Frye v. Miami-Dade Cnty., 2 So. 3d 1063 (Fla. 3d DCA 2009)…t entitled to injunctive relief. There is no longer jurisdiction to review the order of the Unsafe Structures Appeal Panel. See Terry v. Bd. of Trustees of the City Pension Fund, 854 So. 2d 273 (Fla. 4th DCA 2003); DeSmedt v. City of N. Miami Beach, 591 So. 2d 1077 (Fla. 3d DCA 1991); City of Fort Pierce v. Dickerson, 588 So. 2d 1080 (Fla. 4th DCA 1991). For these reasons we affirm the trial court’s denial in all respects.1 Affirmed. . Mr. Frye's argument on appeal involving his property rights under sectio…
Authorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)
- Valero v. State, 393 So. 2d 1197 (Fla. 3d DCA 1981)
- Save Brickell Ave., Inc. v. The City OF Miami, 393 So. 2d 1197 (Fla. 3d DCA 1981)
- Garden Props., Inc. v. Parker's Mech. Contractors, Inc., 483 So. 2d 759 (Fla. 1st DCA 1986)