KYLE MELKONIAN
v.
THE OFFICE OF CODE ENFORCEMENT, ETC.
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A dismissal for lack of prosecution must be vacated when the county court has not yet had an opportunity to comply with a prior appellate mandate.
[1] When a trial court has not had an opportunity to comply with a prior appellate court's mandate before entering a dismissal, vacation of the dismissal is appropriate to al…
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Join FLexlaw to unlock all legal intelligenceKyle Melkonian appealed a county court dismissal for lack of prosecution in a case involving Miami-Dade County's Office of Code Enforcement. A prior c…
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Opinion filed February 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1350 Lower Tribunal No. 19-24318 CC ________________
Kyle Melkonian,
Appellant,
vs.
The Office of Code Enforcement, etc., Appellee.
An Appeal from the County Court for Miami-Dade County, Luis Perez-Medina, Judge. Kyle Melkonian, in proper person. Geraldine Bonzon Keenan, Miami-Dade County Attorney, and Zach Vosseler, Assistant County Attorney, for appellee. Before EMAS, GORDO and BOKOR, JJ. BOKOR, J.
Based on Miami-Dade County’s partial confession of error, we vacate the dismissal for lack of prosecution. The County argues that dismissal is nonetheless appropriate due to a failure to exhaust administrative remedies. Miami-Dade County includes in its appendix a circuit court appellate division opinion. See Melkonian v. Miami-Dade Cnty. Code Enf’t, No. 2019-271 AP 01 (Fla. 11th Cir. Ct. Apr. 28, 2020). That opinion concludes by remanding the matter to the county court for proceedings consistent with that opinion. As the county court dismissed the matter for lack of prosecution and did not have the opportunity to comply with the mandate of the circuit court appellate division, we conclude that the more prudent course here would be to vacate the dismissal for lack of prosecution, and permit the county court to proceed as appropriate.
Reversed and remanded.