SHELLEY'S SEPTIC TANK, INC.
v.
ORANGE COUNTY, FLORIDA
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Shelley's Septic Tank, Inc. sought a writ of certiorari to quash a circuit court's affirmance of a Special Magistrate's order finding Orange County Code violations. The Florida District Court of Appeal affirmed the circuit court's determination that it lacked jurisdiction and denied the petition.
The court denied the petition for writ of certiorari, finding no error in the circuit court's determination that it lacked jurisdiction.
[1] A circuit court lacks jurisdiction to review a Special Magistrate's order when the essential requirements of applicable law are not satisfied for such review.
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Join FLexlaw to unlock all legal intelligence“Shelley's Septic Tank, Inc. ("Petitioner") seeks 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.”
Establishes the nature of the petition and the relief sought
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Join FLexlaw to unlock all legal intelligenceShelley's Septic Tank, Inc. was found to have violated the Orange County Code by a Special Magistrate, who issued findings of fact, conclusions of law…
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Patricia L. Strowbridge, Judge.
October 25, 2024 PER CURIAM.
Shelley’s Septic Tank, Inc. (“Petitioner”) seeks 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.
Petitioner contends 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. Weekly D941
2 (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 Petitioner. 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.