JEFFERSON NATIONAL BANK OF MIAMI BEACH, PETITIONER,
v.
GERALD A. LEWIS, COMPTROLLER OF THE STATE OF FLORIDA AS HEAD OF THE DEPARTMENT OF BANKING AND FINANCE, AND CAPITAL BANK OF NORTH BAY VILLAGE, RESPONDENTS; GERALD A. LEWIS, COMPTROLLER, AND CAPITAL BANK OF NORTH BAY VILLAGE, APPELLANTS, V. JEFFERSON NATIONAL BANK OF MIAMI BEACH, APPELLEE
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PER CURIAM.
In No. FF-261, the order of the Comptroller and Department of Banking and Finance denying petitioner Jefferson participation in a hearing pursuant to Section 120.57, Florida Statutes (Supp.1976), is REVERSED. Gadsden State Bank v. Lewis, 348 So. 2d 343 (Fla. 1st DCA, op. filed this date).
In No. FF-53, the order approving respondent Capital’s application for branch banking authority at 780 Arthur Godfrey Road, Miami Beach, is likewise REVERSED and cause REMANDED for further proceedings on Capital’s application in accordance with today’s decision in Gadsden. By leave of the Comptroller and Department, Capital may continue interim branch operations until final agency action is taken on its application. In No. FF-477, the appealed order of the Leon County Circuit Court granting Jefferson declaratory and injunctive relief, although in substance entirely correct, is REVERSED and the cause REMANDED for dismissal because adequate remedies were and are available under Chapter 120, Florida Statutes (Supp.1976).
State ex rel. Dep’t of Gen. Serv. v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977); School Board of Leon County v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977).
BOYER, C. J., and McCORD and SMITH, JJ., concur.
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Gulf Pines Mem'l Park, Inc. v. Oaklawn Mem'l Park, Inc., 361 So. 2d 695 (Fla. 1978)…t Chapter 76-251 was applicable to Oak-lawn’s license request, as well as review of the final action rejecting the application, could have been sought under Section 120.68(1). . Gulf Pines also cites Jefferson National Bank of Miami Beach v. Lewis, 348 So. 2d 348 (Fla. 1st DCA 1977), as representing an “identical situation” in which the First District Court of Appeal ordered a declaratory action in the circuit court dismissed on the authority of Willis and Mitchell “because adequate remedies were and are ava…
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State v. Falls Chase Special Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1982)…ntially affected,’ could have had that issue decided ... by hearing held pursuant to Section 120.57(1), Florida Statutes (1975). Under such circumstances a declaratory judgment action will not lie.”) Jefferson National Bank of Miami Beach v. Lewis, 348 So. 2d 348 (Fla. 1st DCA 1977) (“[T]he appealed order of the Leon County Circuit Court granting Jefferson declaratory and injunctive relief, although in substance entirely correct, is REVERSED and the cause REMANDED for dismissal because adequate remedies were…
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Gadsden State Bank v. Lewis, 348 So. 2d 343 (Fla. 1st DCA 1977)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Dep't OF Gen. Servs. v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977)
- The Sch. Bd. OF Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977)
- Gadsden State Bank v. Lewis, 348 So. 2d 343 (Fla. 1st DCA 1977)