Dade County v. Wilson

In Dade County v. Wilson the 3d DCA reversed a temporary injunction issued to bar enforcement of a code enforcement order to cut off electricity to a building for safety violations. The District Court found that Wilson should have exhausted his administrative remedies and did not.

This is another case where the lower court granted an "improper" form of relief to prevent a perceived abuse of the administrative process. What this shows (to me) is that the forms of judicial review currently available are insufficient to provide justice to citizens, and that the circuit courts will (sometimes) risk the sting of later reversal to provide relief where they believe justice requires it. More reason to provide more effective judicial review and supervision in the first instance.

Sunny Isles v. Temple B'Nai Zion

In Sunny Isles v. Temple B'Nai Zion the 3d DCA quashed a writ of mandamus that had been ordered against the city to prevent it from enforcing a historic site designation pending futher proceedings against the designation. The 3d DCA found that the circuit court had, de facto, entered a temporary injunction that did not meet the requirements of Fla. R. Civ. P 9.130 and quashed the writ.

Practice note -- sometimes, the form of the pleading matters. Of course, the Temple got the delay it wanted (or at least most of it), but it could have left itself open to sanctions -as might future attorneys who try to use mandamus in lieu of injunction under similar circumstances.