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HILL v. MONROE COUNTY

No. 90-2889.

581 So.2d 225 (1991)

Jack HILL, et al., Appellants, v. MONROE COUNTY, a Political Subdivision of Florida, the Department of Community Affairs, State of Florida, and the Administration Commission, State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 22, 1991.

Attorney(s) appearing for the Case

Mattson Tobin & Vetrick and James S. Mattson, Key Largo, for appellants.

Mark Graham Hanson, Asst. County Atty., for appellee Monroe County.

G. Steven Pfeiffer, General Counsel, and Sherry A. Spiers, Asst. General Counsel, Tallahassee, for appellees Dept. of Community Affairs and Admin. Com'n.

Before BARKDULL, BASKIN and LEVY, JJ.

LEVY, Judge.

In its December 12, 1990 Order of Dismissal, the trial court dismissed appellants' complaint, "with prejudice", for: (1) "Failure to exhaust all administrative remedies as provided in Florida Statute 120"; (2) "Failure to state a cause of action"; and (3) "Failure to allege damages." We find the trial court erred and, therefore, we reverse.

Appellants, who are various property owners in the Florida Keys, brought suit against Monroe County, the...

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