Emilio Perez v. University of Miami

CourtDistrict Court of Appeal of Florida
DecidedAugust 20, 2025
Docket3D2024-2328
StatusPublished

This text of Emilio Perez v. University of Miami (Emilio Perez v. University of Miami) 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
Emilio Perez v. University of Miami, (Fla. Ct. App. 2025).

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 20, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-2328 Lower Tribunal No. 23-18161-CA-01 ________________

Emilio Perez, Appellant,

vs.

University of Miami, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.

Emilio Perez, in proper person.

Isicoff Ragatz and Eric D. Isicoff and Teresa Ragatz and Catherine A. Mancing, for appellee.

Before FERNANDEZ, LINDSEY and LOBREE, JJ.

PER CURIAM.

Affirmed. See Dist. Bd. of Trs. of Broward Cmty. Coll. v. Caldwell, 959 So. 2d 767, 770 (Fla. 4th DCA 2007) (“As a general rule, one seeking judicial

review of administrative action must first exhaust such administrative

remedies as are available and adequate to afford the relief sought. A

reviewing court may not entertain a suit when the complaining party has not

exhausted available administrative remedies.” (quoting Fla. High Sch.

Athletic Ass’n v. Melbourne Cent. Cath. High Sch., 867 So. 2d 1281, 1286

(Fla. 5th DCA 2004))); Montalvo v. Univ. of Miami, 705 So. 2d 1042, 1043

(Fla. 3d DCA 1998) (holding that student’s failure to exhaust available

internal academic remedies bars judicial review absent showing that such

remedies would be futile due to bad faith, bias, or legal violations); Raffay v.

Longwood House Condo. Ass’n, Inc., 389 So. 3d 589, 592 (Fla. 3d DCA

2023) (“The limitations period for ‘[a] legal or equitable action on a contract,

obligation, or liability founded on a written instrument’ is five years.” (quoting

§ 95.11(2)(b), Fla. Stat. (2023))); Mendoza v. V.A. Crudele Dredging Corp.,

50 Fla. L. Weekly D203 (Fla. 3d DCA Jan. 15, 2025) (“In breach of contract

actions, ‘it is well-established that a statute of limitations runs from the time

of the breach.’” (quoting BDI Constr. Co. v. Hartford Fire Ins. Co., 995 So. 2d

576, 578 (Fla. 3d DCA 2008))).

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Related

BD. OF TRUSTEES OF BROWARD v. Caldwell
959 So. 2d 767 (District Court of Appeal of Florida, 2007)
BDI Const. Co. v. Hartford Fire Ins. Co.
995 So. 2d 576 (District Court of Appeal of Florida, 2008)
Florida High School Athletic Ass'n v. Melbourne Central Catholic High School
867 So. 2d 1281 (District Court of Appeal of Florida, 2004)
Montalvo v. University of Miami
705 So. 2d 1042 (District Court of Appeal of Florida, 1998)

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