METROPOLITAN DADE CTY. v. RECCHI AMERICA

No. 98-2461.

734 So.2d 1123 (1999)

METROPOLITAN DADE COUNTY a/k/a Miami-Dade County, Petitioner, v. RECCHI AMERICA, INC., Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 14, 1999.


Attorney(s) appearing for the Case

Robert A. Ginsburg, Miami-Dade County Attorney, and Steven B. Bass, Assistant County Attorney, for petitioner.

Cummings, Thomas & Snyder, P.A., and F. Alan Cummings and Anna D. Torres, Tallahassee, for respondent.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.


COPE, J.

The question before us is whether a complaint is subject to dismissal for failure to exhaust administrative remedies where a contractor has brought suit in circuit court without first complying with the contract's dispute resolution clause. We conclude that compliance with the dispute resolution clause was compulsory and that the action should have been dismissed for failure to exhaust administrative remedies. We therefore grant the petition for writ of certiorari...

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