Florida District Courts of Appeal, 1997

Fehlhaber Corp. v. Village of Tequesta

Fehlhaber Corp. v. Village of Tequesta
Florida District Courts of Appeal · Decided June 4, 1997 · Dell, Gross, Pariente
696 So. 2d 880; 1997 Fla. App. LEXIS 6158; 1997 WL 292672 (Southern Reporter, Second Series)

Fehlhaber Corp. v. Village of Tequesta

Opinion of the Court

PER CURIAM.

We affirm the trial court’s finding that appellant (plaintiff) failed to exhaust its administrative remedies. Plaintiff did not follow the procedures, set forth in the Village of Tequesta’s Code, to challenge the building official’s decision before filing its lawsuit in the trial court.

After finding that plaintiff failed to exhaust administrative remedies, the trial court proceeded in its final judgment to address the merits of the underlying zoning controversy. Because plaintiff should have first exhausted the available administrative remedies, we vacate the portion of the final judgment that addressed and decided the merits of the controversy.

DELL, PARIENTE and GROSS, JJ., concur.

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