KYLE MELKONIAN v. THE OFFICE OF CODE ENFORCEMENT, etc.
This text of KYLE MELKONIAN v. THE OFFICE OF CODE ENFORCEMENT, etc. (KYLE MELKONIAN v. THE OFFICE OF CODE ENFORCEMENT, etc.) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed February 16, 2022. Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1350 Lower Tribunal No. 19-24318 CC ________________
Kyle Melkonian, Appellant,
vs.
The Office of Code Enforcement, etc., Appellee.
An Appeal from the County Court for Miami-Dade County, Luis Perez-Medina, Judge.
Kyle Melkonian, in proper person.
Geraldine Bonzon Keenan, Miami-Dade County Attorney, and Zach Vosseler, Assistant County Attorney, for appellee.
Before EMAS, GORDO and BOKOR, JJ.
BOKOR, J. Based on Miami-Dade County’s partial confession of error, we vacate
the dismissal for lack of prosecution. The County argues that dismissal is
nonetheless appropriate due to a failure to exhaust administrative
remedies. Miami-Dade County includes in its appendix a circuit court
appellate division opinion. See Melkonian v. Miami-Dade Cnty. Code Enf’t,
No. 2019-271 AP 01 (Fla. 11th Cir. Ct. Apr. 28, 2020). That opinion
concludes by remanding the matter to the county court for proceedings
consistent with that opinion. As the county court dismissed the matter for
lack of prosecution and did not have the opportunity to comply with the
mandate of the circuit court appellate division, we conclude that the more
prudent course here would be to vacate the dismissal for lack of
prosecution, and permit the county court to proceed as appropriate.
Reversed and remanded.
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