AMERICAN RIVIERA REAL ESTATE COMPANY, APPELLANT,
v.
THE CITY OF MIAMI BEACH, APPELLEE

Fla. 3d DCA | 1999-05-19
No. 98-3159
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
735 So. 2d 527 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 1 case

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Holding

The court held that the trial court correctly dismissed the complaint for lack of subject matter jurisdiction because the plaintiff failed to timely file a petition for writ of certiorari.


Facts & Procedural History

American Riviera Real Estate Co. challenged a zoning board decision by filing a complaint for declaratory and injunctive relief instead of a petition …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

American Riviera Real Estate Co., the plaintiff below, appeals a final order dismissing with prejudice its complaint against the City of Miami Beach. We affirm.

American Riviera sought to challenge a decision by the City’s zoning board concerning an application of and design approval for new construction near American Riviera. Appeal from such a quasi-judicial land use decision can only be accomplished by filing a petition for writ of certiorari in the circuit court within thirty days of the rendition of the order to be reviewed. See Fla.R.App. P. 9.020(a)(3), 9.100(b)-(e), 9.190(b) & advisory committee’s note; Park of Commerce Assocs. v. City of Delray Beach, 636 So. 2d 12, 15 (Fla.1994); Board of Comm’rs v. Snyder, 627 So. 2d 469, 474 (Fla.1993); Grace v. Town of Palm Beach, 656 So. 2d 945, 945 (Fla. 4th DCA 1995).

Here, American Riviera failed to file a petition for certiorari in the circuit court to review the board’s decision. Even still, after concluding an administrative appeal with the City’s Special Master, American Riviera again failed to file a petition for certiorari to review the Special Master’s decision.1 Instead, American Riviera filed a complaint in the circuit court seeking declaratory and injunctive relief some four months after the board’s decision. Accordingly, the trial court was correct in dismissing the complaint for lack of subject matter jurisdiction.

Affirmed.

. Evidenced by its apparent timely appeal to the City’s Special Master, American Riviera necessarily had notice of the board's decision so as to file for review in conformity with the procedural requirements of Fla. R.App. P. 9.020(a)(3), 9.100(b)-(c).


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