Plus v. Residents of Key Largo Ocean Shores

District Court of Appeal of Florida

Plus v. Residents of Key Largo Ocean Shores

598 So. 2d 324, 1992 Fla. App. LEXIS 6079, 1992 WL 109525

CourtDistrict Court of Appeal of Florida

DecidedMay 26, 1992

DocketNo. 91-2703

StatusPublished

This text of 598 So. 2d 324 (Plus v. Residents of Key Largo Ocean Shores) 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.

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Plus v. Residents of Key Largo Ocean Shores, 598 So. 2d 324, 1992 Fla. App. LEXIS 6079, 1992 WL 109525 (Fla. Ct. App. 1992).

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Opinion

SCHWARTZ, Chief Judge.

In recommending the issuance of a permit sought by the appellant Dolphins Plus, the hearing officer also found that the protestors, the present appellees, had “participated in this proceeding for a frivolous purpose” and therefore recommended the assessment of reasonable attorney’s fees and costs against them under section 120.-59, Florida Statutes (1991). On review, although the appellees did not provide a transcript of the proceedings below, the Department of Environmental Regulation reversed this determination.¹ On the authority of the virtually identical case of Burke v. Harbor Estates Assocs., 591 So.2d 1034 (Fla. 1st DCA 1991), with which we wholly agree, that determination is itself reversed and the cause is remanded with directions to adopt and approve the hearing officer’s recommendation in its entirety.

Reversed.

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SCHWARTZ, Chief Judge.

In recommending the issuance of a permit sought by the appellant Dolphins Plus, the hearing officer also found that the protestors, the present appellees, had “participated in this proceeding for a frivolous purpose” and therefore recommended the assessment of reasonable attorney’s fees and costs against them under section 120.-59, Florida Statutes (1991). On review, although the appellees did not provide a transcript of the proceedings below, the Department of Environmental Regulation reversed this determination.¹ On the authority of the virtually identical case of Burke v. Harbor Estates Assocs., 591 So.2d 1034 (Fla. 1st DCA 1991), with which we wholly agree, that determination is itself reversed and the cause is remanded with directions to adopt and approve the hearing officer’s recommendation in its entirety.

Reversed.

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598 So. 2d 324, 1992 Fla. App. LEXIS 6079, 1992 WL 109525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plus-v-residents-of-key-largo-ocean-shores-fladistctapp-1992.

Opinion

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