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CITY OF MIRAMAR v. DCA HOMES, INC.

No. 80-19.

385 So.2d 152 (1980)

CITY OF MIRAMAR, Florida, Appellant, v. DCA HOMES, INC., f/k/a Oak Hill Homes, Inc., a Florida Corporation and Broward County Planning Council, Appellees.

District Court of Appeal of Florida, Fourth District.

June 25, 1980.

Attorney(s) appearing for the Case

James G. Kincaid, Fort Lauderdale, for appellant.

Maurice M. Garcia of Abrams, Anton, Robbins, Resnick, Schneider & Mager, P.A., Hollywood, for appellees.

PER CURIAM.

Appellees' motion to dismiss this appeal is granted. The trial court's order denying appellant's motion to dismiss the complaint is not one of those non-final orders from which an interlocutory appeal is authorized by Rule 9.130(a)(3)(C), Florida Rules of Appellate Procedure. The underlying motion to dismiss was based solely upon appellees' failure to exhaust administrative remedies. Appellant's contention that...

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