TROPICAL AUDUBON SOCIETY
v.
MIAMI-DADE COUNTY, FLORIDA
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A nonresident foreign manufacturer may be subject to personal jurisdiction in Maine when it has an exclusive distributor relationship with knowledge of the distributor's Maine sales territory, actively participates in advertising and receives quarterly sales reports, and derives significant financial benefits from sales in the forum state, such that the contacts are neither random nor fortuitous.
[1] In product liability actions, a nonresident manufacturer that places a defective product into the stream of commerce through a distributor is subject to personal jurisdic…
[2] A manufacturer may establish purposeful availment with a forum state by designing products for the market in the forum state, advertising in the forum state, establishing…
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Join FLexlaw to unlock all legal intelligenceMichelle Hasse and her ten-year-old son Trainer Dibiase suffered carbon monoxide poisoning when a Baxi Luna boiler in their South Portland, Maine apar…
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Third District Court of Appeal
State of Florida
Opinion filed June 26, 2024. Not final until disposition of timely filed motion for rehearing.
________________
Nos. 3D21-2063, 3D21-2077 Lower Tribunal Nos. Final Order No. AC-21-002, AC Case No. ACC-20-005, DOAH Case Nos. 18-5695GM and 18-5696GM
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Tropical Audubon Society, and Michelle Garcia,
Appellants,
and Limonar Development, LLC, Wonderly Holdings, LLC, and
Mills Family, LLC,
Appellants,
vs.
Miami-Dade County, Florida; and State of Florida, Administration Commission, Appellees.
Appeals from the State of Florida, Administration Commission. Richard Grosso, P.A., and Richard Grosso (Plantation); Coffey Burlington, P.L., and Paul J. Schwiep, for appellants Tropical Audubon Society and Michelle Garcia. John C. Lukacs, P.A., and John C. Lukacs, Sr.; Francisco J. Pines, P.A., and Francisco J. Pines, for appellants Limonar Development, LLC, Wonderly Holdings, LLC, and Mills Family, LLC. Geraldine Bonzon-Keenan, Miami-Dade County Attorney, and Dennis A. Kerbel and Christopher J. Wahl, Assistant County Attorneys, for appellee Miami Dade County. Mark A. Buckles, Executive Office of the Governor (Tallahassee), for appellee Administration Commission. Nancy E. Stroud (Boca Raton), for American Planning Association, Florida Chapter, as amicus curiae. Everglades Law Center, Inc., and Elizabeth Fata Carpenter, Lisa Interlandi and S. Ansley Samson (North Palm Beach), for Friends of the Everglades, 1000 Friends of Florida, and Miami Waterkeeper, as amici curiae. Edward G. Labrador, Sr. Legislative Counsel (Tallahassee); Andrew J. Meyers, Broward County Attorney, and Joseph K. Jarone and Kristin M. Carter, Assistant County Attorneys (Fort Lauderdale), for Florida Association of Counties, Inc., as amicus curiae. Before GORDO, LOBREE and BOKOR,*JJ. PER CURIAM.
Affirmed. See § 120.68(7)(b),(8), Fla. Stat. (2018) (limiting court’s review of final agency action and requiring court to affirm unless it finds one *Judge Bokor did not participate in oral argument. of grounds listed therein); Nassau County v. Willis, 41 So. 3d 270, 278 (Fla. 1st DCA 2010) (holding interpretation of comprehensive plan is question of law subject to de novo review); Martin County v. Yusem, 690 So. 2d 1288, 1295 (Fla. 1997) (holding amendments to local government’s comprehensive plan are legislative in nature and, therefore, are subject to fairly debatable standard of review; where reasonable persons could differ as to propriety of planning action, it should be affirmed); Campbell v. Dep’t. of Transp., 267 So. 3d 541, 545 (Fla. 1st DCA 2019) (holding in appeal from final administrative action, court reviews agency’s findings of fact to determine whether they are supported by competent, substantial evidence in record).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Martin Cnty. v. Melvyn R. Yusem, 690 So. 2d 1288 (Fla. 1997)
- Nassau Cnty. v. Lynwood G. Willis and Jane T. Willis, 41 So. 3d 270 (Fla. 1st DCA 2010)