Monroe County v. Cisneros

In Monroe County v. Cisneros the 3d DCA reversed a writ of mandamus regarding code enforcement matters while the same issues were pending appeal.

Like the earlier Dade County and Sunny Isles cases, what we find here is that the circuit courts need more presribed methods for granting stays of local administrative orders that are pending appeal. In code enforcement cases - which are subject to appeal rather than certiorari - there actually is a process under the Fla. Rules of Appellate Procedure, but they are very confusing. If a certiorari action is filed, there is no statutory or rule authority for a stay.

So - again - what we need is legislation providing more effective judicial relief in cases involving local administrative actions -- perhaps the legislature could make quasi-judicial orders of a local administrative body subject to appeal pursuant to 120.68.