Warner v. City of Miami

District Court of Appeal of Florida

Warner v. City of Miami

490 So. 2d 1045, 11 Fla. L. Weekly 1453, 1986 Fla. App. LEXIS 8634

CourtDistrict Court of Appeal of Florida

DecidedJuly 1, 1986

DocketNo. 85-1919

StatusPublished

Cited by1 cases

This text of 490 So. 2d 1045 (Warner v. City 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.

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Warner v. City of Miami, 490 So. 2d 1045, 11 Fla. L. Weekly 1453, 1986 Fla. App. LEXIS 8634 (Fla. Ct. App. 1986).

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PER CURIAM.

The law of this case was established in Warner v. City of Miami, 458 So.2d 338 (Fla. 3d DCA 1984). We reject the City’s argument that Warner is not entitled to a rehabilitation building permit because the trial court was without jurisdiction to require that such a permit be issued and the owner did not exhaust his administrative remedies by appealing to the zoning board. We, accordingly, reverse the order under review and remand to the trial court with directions to conduct an evidentiary hearing and determine on the merits whether Warner is entitled to the building permit.

Reversed and remanded with directions.

BASKIN and JORGENSON, JJ., concur.

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PER CURIAM.

The law of this case was established in Warner v. City of Miami, 458 So.2d 338 (Fla. 3d DCA 1984). We reject the City’s argument that Warner is not entitled to a rehabilitation building permit because the trial court was without jurisdiction to require that such a permit be issued and the owner did not exhaust his administrative remedies by appealing to the zoning board. We, accordingly, reverse the order under review and remand to the trial court with directions to conduct an evidentiary hearing and determine on the merits whether Warner is entitled to the building permit.

Reversed and remanded with directions.

BASKIN and JORGENSON, JJ., concur.

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490 So. 2d 1045, 11 Fla. L. Weekly 1453, 1986 Fla. App. LEXIS 8634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warner-v-city-of-miami-fladistctapp-1986.

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