STANLEY A. KAUFMAN, AS DIRECTOR OF THE RENT CONTROL ADMINISTRATION OF THE CITY OF MIAMI BEACH, FLORIDA, THE CITY OF MIAMI BEACH, FLORIDA, A MUNICIPAL CORPORATION, ROSE ASTER AND HENRIETTA TAUBER, THE GREENVIEW HOTEL CORPORATION, AND TRUST NO. II D/B/A VIKING APARTMENTS, HAROLD J. SEGAL, TRUSTEE, APPELLANTS,
v.
HELYNE MACHIEDO, GEORGE RATITS, AND ETHEL BLAUSTEIN, AND ALL OTHER PERSONS SIMILARLY SITUATE, APPELLEES
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The Florida District Court of Appeal reversed a trial court judgment in a class action challenging a rent increase order issued by Miami Beach's Rent Control Director, holding that plaintiffs failed to exhaust the required administrative remedy of petitioning for reconsideration before filing suit.
Yes. Exhaustion of prescribed administrative remedies is a prerequisite to seeking court review of a ruling or order of an administrative officer. The filing of the action in circuit court was premature without exhaustion of the administrative remedy.
[1] A party must exhaust prescribed administrative remedies before seeking judicial review of an administrative order.
[2] Failure to pursue a mandatory administrative remedy prior to filing a lawsuit renders the action premature.
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Join FLexlaw to unlock all legal intelligence“In the absence of exhaustion of the administrative remedy, the filing of the action in the circuit court was premature.”
Establishes the core holding that judicial review is barred without first exhausting administrative remedies.
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Join FLexlaw to unlock all legal intelligenceThe Director of Miami Beach's Rent Control Administration issued an administrative order increasing allowable rents by a certain percentage. Tenants f…
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PER CURIAM.
This is an appeal by the defendants, City of Miami Beach and Stanley A. Kaufman, as Director of the Rent Control Administration of the city, and certain other defendants, from an adverse final judgment entered in a class action challenging the validity of an order of said Director increasing allowable rents by a certain percentage, and seeking to enjoin application or enforcement of the order. Among several contentions relied on by the appellants for reversal of the judgment is the contention that the cause should have been dismissed for failure of plaintiffs to exhaust an administrative remedy which was prescribed. We find merit in that contention, making it unnecessary to rule on the other contentions presented by appellants.
As provided for in the city’s Rent Stabilization Law, Ordinance No. 74-2018, during the time the law was in effect the Director, after a hearing and based on certain data, issued an administrative order for the rent increase. The ordinance, by subsection B of Section 8, provided an administrative remedy, resort to which was made a condition precedent to seeking review of an order issued by the Director, as follows:
“B. Any person subject to the provision of any order issued by the Director, must, prior to seeking judicial review, file a petition for reconsideration to the Director within thirty (30) days from the date of issuance of such order. The petition shall set forth concisely the alleged omissions, oversights, causes or grounds upon which it is based. If there be no such request within thirty (30) days, the findings and order of the Rent Director shall be deemed final.”
A motion of defendants to dismiss the complaint included a ground that plaintiffs had failed to pursue the administrative remedy prior to filing the action. The motion was denied. The appellants’ assignments of error included one directed to that ruling of the trial court, and the point was argued in the brief of appellants.
In the absence of exhaustion of the administrative remedy, the filing of the action in the circuit court was premature. It is well settled that exhaustion of prescribed administrative remedies is a prerequisite to seeking court review of a ruling or order of an administrative officer or board. DeCarlo v. Town of West Miami, 49 So. 2d 596 (Fla.1950); Wood v. Twin Lakes Mobile Homes Village, 123 So. 2d 738 (Fla. 2d DCA 1960); Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla. 1961); Crudele v. Cook, 165 So. 2d 424 (Fla. 3d DCA 1963); Pushkin v. Lombard, 279 So. 2d 79 (Fla. 3d DCA 1973); Florida Welding & Erection Service, Inc. v. American Mutual Insurance Company of Boston, 285 So. 2d 386 (Fla.1973).
For the reason assigned, the judgment is reversed and the cause is remanded with direction to dismiss the complaint.
It is so ordered.
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State v. Falls Chase Special Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1982)…So. 2d 132 (Fla.1978); General Electric Credit Corp. of Georgia v. Metropolitan Dade County, 346 So. 2d 1049 (Fla. 3d DCA 1977); Planning and Zoning Board of the Town of Orange Park v. Kager, 351 So. 2d 402 (Fla. 1st DCA 1977); Kaufman v. Machiedo, 357 So. 2d 739 (Fla. 3d DCA 1978), cert. den., 364 So. 2d 888 (Fla.1978); and Florida Power Corp. v. Advance Mobile Homes, Inc., 386 So. 2d 897 (Fla. 5th DCA 1980), pet. rev. den., 394 So. 2d 1151 (Fla.1981). In keeping with the abundant precedent requiring judic…
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City OF Miami v. Fraternal Order OF Police Lodge NO. 20 OF the City OF Miami, 378 So. 2d 20 (Fla. 3d DCA 1979)…shed than the requirement that, before resorting to the courts, one must pursue and exhaust any extrajudicial or administrative remedy which may provide the relief sought. DeCarlo v. Town of West Miami, 49 So. 2d 596 (Fla.1950); Kaufman v. Machiedo, 357 So. 2d 739 (Fla. 3d DCA 1978), cert. denied. 364 So. 2d 888 (Fla.1978); General Electric Credit Corp. of Georgia v. Metropolitan Dade County, 346 So. 2d 1049 (Fla. 3d DCA 1977); 1 Fla.Jur.2d Administrative Law, § 47 (1977). This doctrine finds frequent applica…
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City OF Miami v. DEL RIO, 723 So. 2d 299 (Fla. 3d DCA 1998)…e failed to exhaust his remedy and is precluded from receiving judicial relief. Under ordinary circumstances, a party must exhaust any administrative remedy available to her or him prior to turning to the courts for relief. See Kaufman v. Machiedo, 357 So. 2d 739 (Fla. 3d DCA), cert. denied, 364 So. 2d 888 (Fla.1978); General Elec. Credit Corp. of Ga. v. Metropolitan Dade County, 346 So. 2d 1049 (Fla. 3d DCA 1977). This doctrine has been held applicable to whistle-blower litigation. McGregor v. Palm Beach Co…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla. 1961)
- De Carlo v. Town of W. Miami, 49 So. 2d 596 (Fla. 1950)
- Fla. Welding & Erection Serv., Inc. v. Am. Mut. Ins. Co. OF Boston, 285 So. 2d 386 (Fla. 1973)
- Pushkin v. Lombard, 279 So. 2d 79 (Fla. 3d DCA 1973)
- Waiter Wood v. Twin Lakes Mobile Homes Vill., Inc., 123 So. 2d 738 (Fla. 2d DCA 1960)
- Whitworth v. State, 165 So. 2d 424 (Fla. 1st DCA 1964)