City of Gainesville v. Englert

District Court of Appeal of Florida

City of Gainesville v. Englert

716 So. 2d 817, 1998 Fla. App. LEXIS 10751, 1998 WL 455520

CourtDistrict Court of Appeal of Florida

DecidedAugust 7, 1998

DocketNo. 97-3888

StatusPublished

This text of 716 So. 2d 817 (City of Gainesville v. Englert) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Gainesville v. Englert, 716 So. 2d 817, 1998 Fla. App. LEXIS 10751, 1998 WL 455520 (Fla. Ct. App. 1998).

Pincite

Opinion

ALLEN, Judge.

The City of Gainesville challenges a final judgment by which the trial court dismissed the city’s petition for a court order authorizing the city to enforce an order of the City of Gainesville Code Enforcement Board in the same manner as a court judgment. By its order, the board had imposed a fine for the appellee’s violation of provisions of the Gainesville Code of Ordinances. In dismissing the city’s petition, the trial court concluded that the only enforcement method available to the city pursuant to section 162.09(3), Florida Statutes, is an action to foreclose a lien. Although the subsection does authorize a hen foreclosure action as a method of enforcement, the second sentence of the subsection specifically authorizes the enforcement method sought by the city in the present case. Because the trial court erred in concluding that the enforcement method sought by the city is not authorized by the statute, we reverse the final judgment and remand this case to the trial court for further proceedings.

WOLF, J., and SMITH, LARRY G., Senior Judge, concur.

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ALLEN, Judge.

The City of Gainesville challenges a final judgment by which the trial court dismissed the city’s petition for a court order authorizing the city to enforce an order of the City of Gainesville Code Enforcement Board in the same manner as a court judgment. By its order, the board had imposed a fine for the appellee’s violation of provisions of the Gainesville Code of Ordinances. In dismissing the city’s petition, the trial court concluded that the only enforcement method available to the city pursuant to section 162.09(3), Florida Statutes, is an action to foreclose a lien. Although the subsection does authorize a hen foreclosure action as a method of enforcement, the second sentence of the subsection specifically authorizes the enforcement method sought by the city in the present case. Because the trial court erred in concluding that the enforcement method sought by the city is not authorized by the statute, we reverse the final judgment and remand this case to the trial court for further proceedings.

WOLF, J., and SMITH, LARRY G., Senior Judge, concur.

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Bluebook (online)

716 So. 2d 817, 1998 Fla. App. LEXIS 10751, 1998 WL 455520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-gainesville-v-englert-fladistctapp-1998.