JAMES D. SHELLEY AND BARBARA E. SHELLEY
v.
ORANGE COUNTY, FLORIDA
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Petitioners sought a writ of certiorari to quash a circuit court's affirmance of a Special Magistrate's order finding violations of the Orange County Code. The court denied the petition, finding no error in the circuit court's determination that it lacked jurisdiction to review the matter.
The court held that the circuit court did not err in determining that it lacked jurisdiction, and accordingly denied the petition for writ of certiorari.
[1] A circuit court does not err by determining it lacks jurisdiction to review a Special Magistrate's order regarding code violations.
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Join FLexlaw to unlock all legal intelligence“Petitioners contend that a writ should be issued because the circuit court failed to observe the essential requirements of the law when it affirmed the Special Magistrate's order.”
States the basis for petitioners' challenge to the circuit court's decision
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Join FLexlaw to unlock all legal intelligenceThe Shelleys were found to have violated the Orange County Code by a Special Magistrate, who issued findings of fact, conclusions of law, and an order…
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Patricia L. Strowbridge, Judge.
October 25, 2024 PER CURIAM.
James D. Shelley and Barbara E. Shelley (collectively “Petitioners”) seek a writ of certiorari quashing the circuit court’s affirmance of the Special Magistrate’s
“Findings of Fact, Conclusions of Law and Order” regarding violations of the
Orange County Code. Petitioners contend that a writ should be issued because the circuit court failed to observe the essential requirements of the law when it affirmed the Special Magistrate’s order. Finding no error in the circuit court’s determination that it lacked jurisdiction, we deny the petition. Cf. Nelson v. McNeill, 48 Fla. L.
2
Weekly D941 (Fla. 6th DCA May 5, 2023) (“Because judicial labor remains to determine the amount of the monetary sanction against Nelson, we dismiss that portion of the appeal. See Fla. R. App. P. 9.170(b) (limiting appeals to orders that finally determine a right or obligation of an interested person as defined in the
Florida Probate Code.”)).
PETITION DENIED.
NARDELLA, WOZNIAK and MIZE, JJ., concur. Rebecca E. Rhoden, Jonathan P. Huels, and Krista M. Runte, of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, for Petitioners. Jeffrey J. Newton, County Attorney, and Georgiana Holmes, Deputy County Attorney, and James Harwood, Assistant County Attorney, of the Orange County Attorney’s Office, Orlando, for Respondent.