MROTEK v. CITY OF BOYNTON BEACH

No. 91-2002.

600 So.2d 42 (1992)

Michael A. MROTEK and Romona L. Mrotek, Appellants, v. CITY OF BOYNTON BEACH, a municipal corporation, and Don Jaeger, Director of Building Department, City of Boynton Beach, Appellees.

District Court of Appeal of Florida, Fourth District.

June 17, 1992.


Attorney(s) appearing for the Case

Lynn G. Waxman, Lynn G. Waxman, P.A., West Palm Beach, for appellants.

James A. Cherof and Scott J. Frank, Josias & Goren, P.A., Fort Lauderdale, for appellees.


PER CURIAM.

We affirm that part of the trial court's order dismissing the complaint for appellants' failure to exhaust their administrative remedies. It was, however, error to determine that the dismissal is with prejudice for lack of jurisdiction. The issue before the trial court is not jurisdictional but involves a judicial policy to defer to the administrative process by requiring appellants to pursue available and adequate remedies. Therefore, the dismissal should...

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