Palm Beach Park Centre 4, LLC v. Town of Palm Beach

142 So. 3d 956, 2014 WL 3434680, 2014 Fla. App. LEXIS 10874

• Court: District Court of Appeal of Florida
• Decided: July 16, 2014
• Docket: 4D13-1993
• Status: Published

Opinion

PER CURIAM.

We affirm the circuit court’s final order dismissing with prejudice appellant’s amended complaint for declaratory relief against the appellee. See Frix v. Beck, 104 So.2d 81, 83 (Fla. 3d DCA 1958) (where the law provides for a quasi-judicial tribunal’s decision to be reviewed on appeal, “and the procedure thus afforded is not availed of, a party adversely affected by such an order may not seek to have it altered or reversed by a suit for declaratory decree”). Our affirmance is without prejudice for appellant to petition appellee for relief. See Johnson v. Terry Hunt Constr. Co., 878 So.2d 1282, 1284-85 (Fla. 1st DCA 2004) (reversing administrative order denying relief where administrative final order had not been mailed to the correct address); Durando v. Palm Beach Cnty., 719 So.2d 1258, 1258-59 (Fla. 1st DCA 1998) (dismissing untimely appeal without prejudice to appellant’s right to petition agency for relief).

Affirmed without prejudice.

GROSS, GERBER and CONNER, JJ., concur.