CITY OF MIAMI
v.
MIA CASA, LLC
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The trial court did not abuse its discretion in granting a temporary injunction to preserve the status quo pending final resolution of the issues.
[1] Trial courts have wide discretion to grant, modify, or dissolve temporary injunctions, and appellate courts will not reverse the decision absent an abuse of discretion.
[2] Administrative exhaustion is not a strict jurisdictional matter but a flexible concept tailored to the applicable administrative statutes and circumstances.
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Join FLexlaw to unlock all legal intelligenceThe City of Miami appealed a non-final order from the Circuit Court for Miami-Dade County regarding a dispute with MIA Casa, LLC.…
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PER CURIAM.
Affirmed. See City of Miami Beach v. Clevelander Ocean, L.P., 338 So. 3d 16, 23 (Fla. 3d DCA 2022) (concluding that “competent, substantial evidence support[ed] the decision by the trial court to preserve the status quo pending the final resolution of the issues presented”); see also TJ Mgmt. Grp., L.L.C v. Zidon, 990 So. 2d 623, 625 (Fla. 3d DCA 2008) (“In considering a request for an injunction, the trial court has wide discretion to grant, deny, modify or dissolve a temporary injunction, and an appellate court will not intercede unless an abuse of discretion has been shown.”); Sun Cruz Casinos, L.L.C v. City of Hollywood, 844 So. 2d 681, 684–85 (Fla. 4th DCA 2003) (“Although the party raising estoppel must prove the required elements by clear and convincing evidence, the trial court’s findings should not be overturned on appeal unless the findings are clearly erroneous or lacking in evidentiary support.”) (citation omitted); Bruce v. City of Deerfield Beach, 423 So. 2d 404, 406 (Fla. 4th DCA 1982) (explaining that the concept of administrative exhaustion “is not a strict jurisdictional matter but a flexible concept tailored to the administrative statutes and circumstances”) (quotation omitted).
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City of Miami v. MIA Casa, LLC (Fla. 3d DCA 2023)…PER CURIAM. Affirmed. See City of Miami Beach v. Clevelander Ocean, L.P., 338 So. 3d 16, 23 (Fla. 3d DCA 2022) (concluding that “competent, substantial evidence support[ed] the decision by the trial court to preserve the status quo pending the final resolution of the issues presented”); see also TJ Mgmt. Grp., L.L.C v. Zidon, 990 So. 2…
Authorities Cited
- Bruce v. The City OF Deerfield Beach, 423 So. 2d 404 (Fla. 4th DCA 1982)
- SUN Cruz Casinos, L.L.C. v. City OF Hollywood, 844 So. 2d 681 (Fla. 4th DCA 2003)
- Haza-Martin v. State, 990 So. 2d 623 (Fla. 3d DCA 2008)
- City of Miami v. MIA Casa, LLC (Fla. 3d DCA 2023)