Costain Florida, Inc. v. Metropolitan Dade County, 87-2522
| Decision Date | 14 June 1988 |
| Docket Number | No. 87-2522,87-2522 |
| Parties | 13 Fla. L. Weekly 1413 COSTAIN FLORIDA, INC., Petitioner, v. METROPOLITAN DADE COUNTY, Gabriel Solomon and Lewis Yagodnik, Respondents. |
| Court | Florida District Court of Appeals |
Goldberg, Semet, Lickstein, Morgenstern & Berger and Paul F. Clark and Paul Berger, Coral Gables, for petitioner.
Robert A. Ginsburg, Co. Atty., and Robert L. Krawcheck, Asst. Co. Atty., Miami, Rosen & Switkes and Paul D. Novack, Miami Beach, for respondents.
Before BASKIN, FERGUSON and JORGENSON, JJ.
REVISED OPINION
In this Petition for Writ of Certiorari filed by Costain Florida, Inc., Costain seeks abatement of circuit court proceedings pending consideration by Florida Land & Water Adjudicatory Commission [FLAWAC], of development application denials. Finding that under the circumstances of this case, jurisdiction lies within the province of both the circuit court and of FLAWAC, we deny the Petition for Writ of Certiorari. See Londono v. City of Alachua, 438 So.2d 91 (Fla. 1st DCA 1983); Friends of Everglades, Inc. v. Board of County Comm'rs, 456 So.2d 904 (Fla. 1st DCA 1984), review denied sub nom. Upper Keys Citizens Ass'n v. Board of County Comm'rs, 462 So.2d 1108 (Fla.1985). But see Manatee County v. Estech Gen. Chem. Corp., 402 So.2d 1251 (Fla. 2d DCA 1981), review denied, 412 So.2d 468 (Fla.1982).
Petition denied.
To continue reading
Request your trial
-
Metropolitan Dade County v. Coscan Florida, Inc., s. 90-784
...of the matter by FLWAC and ruled that jurisdiction lay within the province of both the court and FLWAC. Costain Florida, Inc. v. Metropolitan Dade County, 528 So.2d 35 (Fla. 3d DCA1988). The application for the DRI was later denied by FLWAC. That denial was appealed to the First District Co......
-
Coscan Florida, Inc. v. Metropolitan Dade County, 90-1487
...pending appeal, there is also an action before the Dade County Circuit Court relating to this DRI. See Costain Florida, Inc. v. Metropolitan Dade County, 528 So.2d 35 (Fla. 3d DCA 1988). The county suggests that a transfer of this case to the Third District is preferable to its consideratio......
-
Choice of forum in Florida's administrative and circuit courts; a review of the doctrine of exhaustion of administrative remedies.
...584 So. 2d 997 (Fla. 1991). [24] Amour v. Lambdin, 16 So. 2d 805 (Fla. 1944). [25] Costain Fla., Inc. v. Metropolitan Dade County, 528 So. 2d 35 (Fla. 3d D.C.A. 1988) (holding that an action pertaining to development application denials might be brought in either the circuit court or before......