GEORGE FRYE, APPELLANT,
v.
MIAMI-DADE COUNTY, APPELLEE
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The court held that a party is not entitled to injunctive relief if they have not exhausted their legal remedies.
[1] A party seeking injunctive relief must first exhaust all available remedies at law.
[2] Failure to timely appeal an administrative order precludes subsequent injunctive relief to challenge that order.
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Join FLexlaw to unlock all legal intelligenceGeorge Frye received a notice of noncompliance with a prior administrative decision regarding his property. Instead of appealing the administrative de…
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George Frye appeals the trial court’s denial of his request for a preliminary injunction. We affirm the trial court’s denial.
On. or about March 11, 2008, Mr. Frye received a final notice from Miami-Dade County Building Department informing him that property he owned was in noncompliance with the Unsafe Structures Ap*1064peal Panel Decision rendered more than eight months prior — June 27, 2007. The Unsafe Structures Appeal Panel had found Mr. Frye had failed to complete demolition and final inspections and obtain permits for the repair and demolition of structures on his property. He was given ten days from the date of that notice in which to comply. On March 25, 2008, Mr. Frye filed a verified petition for a preliminary and permanent injunction to preserve the status quo until such time as he could complete the remodeling and make the necessary repairs to the property. The trial court correctly denied the preliminary injunction.
Mr. Frye’s remedy at law was to seek a timely appeal of the administrative order of the Appeal Panel to the Circuit Court of the Eleventh Judicial Circuit pursuant to Section 8-5(m) of the Code of Miami-Dade County. See Fla.R.App. P. 9.110(c). He was put on notice of this requirement as the June 27th decision specifically informed him that “[a]ny person aggrieved by a decision of the Unsafe Structures Appeal Panel may seek judicial review of that decision in accordance with the Florida- Rules of Appellate Procedure.” See Miami-Dade County Code § 8-5(m) (2008). Mr. Frye took no such appeal. Since he did not exhaust his remedies at law, he is not 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.
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City OF Jacksonville v. Coffield, 18 So. 3d 589 (Fla. 1st DCA 2009)…, which in fairness should be borne by the public at large. § 70.001 (3)(e), Fla. Stat. (2006) (emphasis supplied). . We have found no case in which an appellate court has affirmed relief granted pursuant to the Act. See Frye v. Miami-Dade County, 2 So. 3d 1063 (Fla. 3d DCA 2009) (claim under Act not preserved for appeal and, in [*595] any event, without merit); Osceola County v. Best Diversified, Inc., 936 So. 2d 55, 59-60 n. 5 (Fla. 5th DCA 2006) (claim under Act failed without bona fide appraisal requir…
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Miami-Dade Cnty. v. Concrete Structures, Inc., 114 So. 3d 333 (Fla. 3d DCA 2013)…Any decision by that Board could have been further appealed to the appellate division of the circuit court under section 24-18 of the Code. CSI’s failure to exhaust these remedies precluded its action in the circuit court. Frye v. Miami-Dade Cnty., 2 So. 3d 1063 (Fla. 3d DCA2009). C. Likelihood of Prevailing on the Merits The County’s position on the merits is easily summarized. CSI was required by law to obtain certain land use and environmental permits to operate in an area of critical environmental con…
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Avfsolutions, Inc. v. City of Miami (Fla. 3d DCA 2023)…PER CURIAM. Affirmed. See Frye v. Miami-Dade County, 2 So. 3d 1063, 1064 (Fla. 3d DCA 2009) (“Since [the plaintiff] did not exhaust his remedies at law, he is not entitled to injunctive relief. There is no longer jurisdiction to review the order of the Unsafe Structures Appeal Panel.”); City of Coral Gables v. Fort…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Fort Pierce v. Gloria and John H. Dickerson, 588 So. 2d 1080 (Fla. 4th DCA 1991)
- Harlan D. Terry v. Bd. of Trs. of the City Pension Fund for Police Officers & Firefighters in the City of Pembroke Pines, 854 So. 2d 273 (Fla. 4th DCA 2003)
- DeSMEDT v. The City OF N. Miami Beach, 591 So. 2d 1077 (Fla. 3d DCA 1991)