Opinion
No. 84-87.
August 28, 1984.
Appeal from Circuit Court, Monroe County; M. Ignatius Lester, Judge.
Horton, Perse Ginsberg and Mallory Horton, Miami, for appellants.
Kirk, Pinkerton, Savary, Carr Strode and L. Norman Vaughan-Birch and George Franjola, Sarasota, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
Affirmed. See Bal Harbour Village v. State ex rel. Giblin, 299 So.2d 611 (Fla. 3d DCA 1974), cert. denied, 311 So.2d 670 (Fla. 1975).
I concur in affirmance because the city tendered no disputed or justiciable issue of fact and the trial court correctly concluded, in applying the charter and code provisions in question, that the relator-appellee was entitled to the issuance of its building permit as a matter of law. I think it therefore unnecessary and, beyond that, highly inadvisable to rely upon the Bal Harbour Village decision cited by the court. Bal Harbour Village perpetuates an archaic rule of pleading, applicable, for some unknown reason, only to mandamus proceedings, which I believe should not be permitted to survive in this supposedly enlightened age.