CITY OF FORT LAUDERDALE, A MUNICIPAL CORPORATION, PETITIONER,
v.
FRED C. BAMMAN, RESPONDENT
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The City of Fort Lauderdale sought certiorari review of a circuit court order that reversed a Code Enforcement Board decision finding zoning violations on Bamman's property. The District Court of Appeal granted the petition and quashed the circuit court's judgment based on lack of jurisdiction, holding that Bamman's appeal was untimely as to the Board's final order.
The court held that the circuit court lacked jurisdiction to review the Board's final order because Bamman did not timely appeal that order within the thirty-day period after October 22, 1985. A timely appeal of only the supplemental order could not bring up the earlier final order for review.
[1] A timely appeal from a supplemental order does not revive the time to appeal a prior, final order that has already become final.
[2] An appellate court lacks jurisdiction to review a final order that was not timely appealed.
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Join FLexlaw to unlock all legal intelligence“We are unable to reach the merits of this appellate review because the record before us reflects that Bamman did not timely appeal the final order of the Code Enforcement Board.”
Establishes the threshold jurisdictional defect preventing appellate review on the merits.
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Join FLexlaw to unlock all legal intelligenceThe Code Enforcement Board found that Bamman's property contained more living units than allowed under the zoning ordinance and that units had been ad…
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PER CURIAM.
By petition for writ of certiorari the City of Fort Lauderdale seeks review of an order of the Circuit Court of Broward County in its appellate capacity, reversing a final order of the Code Enforcement Board of the City. The Board’s final order, dated October 22, 1985, had found that Barn-man’s property contained more living units than were allowed under the current zoning ordinance of the City. It found, further, that the number of units therein had been increased by the property owner without first obtaining the required permits. The order gave Bamman until February 22, 1986, to bring the building into compliance and levied a fine for each day after February 22, 1986, that the violation continued.
Subsequently on February 25, 1986, the Board entered a supplemental order in which it states that Bamman had requested an extension of time to comply and an abatement of the fine. The Board abated the fine temporarily, providing the excess units were not used, and abated the order of compliance until there was a ruling on a pending petition for a change in land use. Bamman filed an appeal from the supplemental order of February 25, 1986, to the circuit court which reversed the Board’s final order. That judgment of the circuit court is the subject of this petition for writ of certiorari.
We are unable to reach the merits of this appellate review because the record before us reflects that Bamman did not timely appeal the final order of the Code Enforcement Board. That order was entered October 22, 1985, and became final thirty days later. The notice of appeal to the circuit court was timely filed vis-a-vis the supplemental order of the Code Enforcement Board dated February 25, 1986, but that does not bring up for review the Board’s final order of October 22, 1985, which had by then in all respects become final. The thrust of the appellate proceedings between these parties is directed toward the final order of October 22, 1985, which was beyond the jurisdictional reach of the circuit court.
Accordingly, the petition for writ of certiorari is granted and the judgment of the circuit court is quashed for lack of jurisdiction.
HERSEY, C.J., and DOWNEY and LETTS, JJ., concur.
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Hardin v. Monroe Cnty., 64 So. 3d 707 (Fla. 3d DCA 2011)…the circuit court lacked jurisdiction to set aside the March 29, 1988 final order. Proceedings on remand should be limited to a review of the May 3, 1988 order and the May 2, 1988 hearing upon which it is based.”); City of Fort Lauderdale v. Bamman, 519 So. 2d 37, 38 (Fla. 4th DCA 1987) (“Bamman did not timely appeal the final order of the Code Enforcement Board. That order was entered October 22, 1985, and became final thirty days later. The notice of appeal to the circuit court was timely filed vis-a-vis t…
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Monroe Cnty. v. Jabour (Fla. 3d DCA 2023)…2d 1236, 1240 (Fla. 4th DCA 1990). We find that the PSFO, which made no determination on whether a code violation had occurred, is not a final administrative order required to be appealed within thirty days. See City of Fort Lauderdale v. Bamman, 519 So. 2d 37, 38 (Fla. 4th DCA 1987) (determining an order, which found respondents were in violation and set a compliance deadline and non-compliance fine, was final); Hardin v. Monroe Cnty., 64 So. 3d 707, 709-10 (Fla. 3d DCA 2011) (holding an order which…