James D. Shelley and Barbara E. Shelley v. Orange County, Florida

• Court: District Court of Appeal of Florida
• Decided: October 25, 2024
• Docket: 6D2023-2995
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case Nos. 6D2023-2995 Lower Tribunal No. 2020-CV-23-A-O _____________________________

JAMES D. SHELLEY and BARBARA E. SHELLEY,

Petitioners, v.

ORANGE COUNTY,

Respondent. _____________________________

Petition for Writ of Certiorari to the Circuit Court for Orange County. Patricia L. Strowbridge, Judge.

October 25, 2024

PER CURIAM.

James D. Shelley and Barbara E. Shelley (collectively “Petitioners”) seek a

writ of certiorari quashing the circuit court’s affirmance of the Special Magistrate’s

“Findings of Fact, Conclusions of Law and Order” regarding violations of the

Orange County Code. Petitioners contend that a writ should be issued because the

circuit court failed to observe the essential requirements of the law when it affirmed

the Special Magistrate’s order. Finding no error in the circuit court’s determination

that it lacked jurisdiction, we deny the petition. Cf. Nelson v. McNeill, 48 Fla. L. Weekly D941 (Fla. 6th DCA May 5, 2023) (“Because judicial labor remains to

determine the amount of the monetary sanction against Nelson, we dismiss that

portion of the appeal. See Fla. R. App. P. 9.170(b) (limiting appeals to orders that

finally determine a right or obligation of an interested person as defined in the

Florida Probate Code.”)).

PETITION DENIED.

NARDELLA, WOZNIAK and MIZE, JJ., concur.

Rebecca E. Rhoden, Jonathan P. Huels, and Krista M. Runte, of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Petitioners.

Jeffrey J. Newton, County Attorney, and Georgiana Holmes, Deputy County Attorney, and James Harwood, Assistant County Attorney, of the Orange County Attorney’s Office, Orlando, for Respondent.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED