Opinion
No. 4D13–1993.
2014-08-1
PALM BEACH PARK CENTRE 4, LLC, Appellant, v. TOWN OF PALM BEACH, Appellee.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward H. Fine, Judge; L.T. Case No. 502013CA003051XX. Raymond M. Masciarella II, North Palm Beach, for appellant. Kelly A. Gardner, John C. Randolph and Stephanie Eassa Rapp of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellee.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward H. Fine, Judge; L.T. Case No. 502013CA003051XX.
Raymond M. Masciarella II, North Palm Beach, for appellant. Kelly A. Gardner, John C. Randolph and Stephanie Eassa Rapp of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellee.
PER CURIAM.
We affirm the circuit court's final order dismissing with prejudice appellant's amended complaint for declaratory relief against the appellee. See Frix v. Beck, 104 So.2d 81, 83 (Fla. 3d DCA 1958) (where the law provides for a quasi-judicial tribunal's decision to be reviewed on appeal, “and the procedure thus afforded is not availed of, a party adversely affected by such an order may not seek to have it altered or reversed by a suit for declaratory decree”). Our affirmance is without prejudice for appellant to petition appellee for relief. See Johnson v. Terry Hunt Constr. Co., 878 So.2d 1282, 1284–85 (Fla. 1st DCA 2004) (reversing administrative order denying relief where administrative final order had not been mailed to the correct address); Durando v. Palm Beach Cnty., 719 So.2d 1258, 1258–59 (Fla. 1st DCA 1998) (dismissing untimely appeal without prejudice to appellant's right to petition agency for relief).
Affirmed without prejudice. GROSS, GERBER and CONNER, JJ., concur.