THE CODE ENFORCEMENT BOARD, CITY OF POMPANO BEACH, FLORIDA, APPELLANT,
v.
BEVERLY A. CHEFAN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court erred in imposing conditions on the conduct of a hearing after denying a writ of prohibition.
Appellee's motion for a writ of prohibition was denied by the trial court, but the court ordered appellant to follow specific procedural steps for the…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Writ Of Prohibition cases and more on FLexlaw
GLICKSTEIN, Judge.
Appellee’s motion in the trial court for a writ of prohibition was denied, but the court ordered that appellant follow certain procedural steps in conducting the hearing. Following the Board’s unsuccessful motion for rehearing, this appeal followed. We reverse.
The issue is whether the trial court erred in imposing conditions on the conduct of the hearing after denying the writ of prohibition. We conclude that it did. See English v. McCrary, 348 So. 2d 293 (Fla.1977).
In denying the writ of prohibition, the trial court implicitly found that the Board had jurisdiction. Once jurisdiction was determined, no further action should have been taken, especially since it was not requested in the writ. Further, there is no indication that the supposed due process and procedural violations the trial court assumes will occur could not be remedied on appeal. City of Melbourne v. Cotron, 372 So. 2d 944 (Fla. 4th DCA 1979), involved a similar situation. See, also, Odham v. Foremost Dairies, Inc., 128 So. 2d 586, 592-93 (Fla.1961); and Section 162.11, Florida Statutes (1985) (providing for appellate review of final administrative orders). We have considered and reject all other arguments presented by appellee.
LETTS and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Fernandina Beach v. Myers, 661 So. 2d 1262 (Fla. 1st DCA 1995)…2 So. 2d 944 (Fla. 4th DCA 1979), cert, denied, 383 So. 2d 1192 (Fla.1980) (court reversed the grant of an injunction prohibiting the city from taking action to relieve the chief of police of his position). See also Code Enforcement Board v. Chefan, 504 So. 2d 815 (Fla. 4th DCA 1987) (trial court erred in imposing conditions on conduct of hearing after denying writ of prohibition; “no indication that the supposed due process and procedural violations the trial court assumes will occur could not be remedied on…
Authorities Cited
- Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)
- Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla. 1961)
- City OF Melbourne v. Cotron, 372 So. 2d 944 (Fla. 4th DCA 1979)