LAW OFFICE OF ROBERT K. LINCOLN, P.A.

Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

Filtering by Tag: mandamus

Monroe County v. Cisneros

In Monroe County v. Cisneros the 3d DCA reversed a writ of mandamus regarding code enforcement matters while the same issues were pending appeal.

Like the earlier Dade County and Sunny Isles cases, what we find here is that the circuit courts need more presribed methods for granting stays of local administrative orders that are pending appeal. In code enforcement cases - which are subject to appeal rather than certiorari - there actually is a process under the Fla. Rules of Appellate Procedure, but they are very confusing. If a certiorari action is filed, there is no statutory or rule authority for a stay.

So - again - what we need is legislation providing more effective judicial relief in cases involving local administrative actions -- perhaps the legislature could make quasi-judicial orders of a local administrative body subject to appeal pursuant to 120.68.

Sunny Isles v. Temple B'Nai Zion

In Sunny Isles v. Temple B'Nai Zion the 3d DCA quashed a writ of mandamus that had been ordered against the city to prevent it from enforcing a historic site designation pending futher proceedings against the designation. The 3d DCA found that the circuit court had, de facto, entered a temporary injunction that did not meet the requirements of Fla. R. Civ. P 9.130 and quashed the writ.

Practice note -- sometimes, the form of the pleading matters. Of course, the Temple got the delay it wanted (or at least most of it), but it could have left itself open to sanctions -as might future attorneys who try to use mandamus in lieu of injunction under similar circumstances.

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