Broward County v. Florida Nat. Properties, 91-3492
| Decision Date | 10 February 1993 |
| Docket Number | No. 91-3492,91-3492 |
| Citation | 613 So.2d 587 |
| Court | Florida District Court of Appeals |
| Parties | 18 Fla. L. Week. D462 BROWARD COUNTY, Petitioner, v. FLORIDA NATIONAL PROPERTIES, etc., et al., Respondents. |
John J. Copelan, Jr., County Atty., and Charles H. Webb, Asst. County Atty., Fort Lauderdale, for appellant.
Terri L. DiGiulian of Bruno L. DiGiulian & Associates, P.A., Fort Lauderdale, for appellees.
Broward County appeals a non-final order directing it to show cause why a writ of prohibition should not be granted, and prohibiting it from "requiring any permits, conducting any hearings or taking any action against" appellees, petitioners below, pending further order of that court. We treat this appeal as a petition for writ of certiorari which we grant, quashing the trial court's order.
Appellee, Florida National Properties P is a real estate developer which had been dredging for fill from a lake on certain property owned by it. The county issued to FNP a notice of violation on the grounds that FNP had failed to obtain a required county license for such activities, and scheduled an administrative hearing. Before the hearing could be held, FNP filed its petition for writ of prohibition in the circuit court seeking to prohibit the hearing. The trial court issued an "order nisi in prohibition". The county's answer alleged that the case was moot because the notices of violation had been rescinded. Subsequently, the county notified FNP that before it commenced any excavation on another parcel of land which it owned (known as Meadow Run), it would be required to apply for a dredge and fill license. That notice triggered from FNP (and an intervenor, North Springs Improvement District), a motion to amend the order nisi in prohibition so as to include the Meadow Run property within its scope. After hearing, the court granted the motion to amend and amended its prior order accordingly. It is from this amended order that the county has taken its appeal, which we now treat as a petition for writ of certiorari.
While we would not ordinarily review a mere order to show cause, see, e.g., Capital Fidelity Life Ins. Co. v. State ex rel. Dep't of Ins., 478 So.2d 1105 (Fla. 1st DCA1985), we conclude that the order involved here not only departs from the essential requirements of law, but that absent immediate review by this court, the county may suffer irreparable harm for which remedy on plenary appeal is inadequate. The effect of the circuit court's order is to allow FNP to conduct dredge and fill activities while the...
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