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Friends of Everglades v. State, Dept

District Court of Appeal of Florida, First District
Aug 28, 1980
387 So. 2d 511 (Fla. Dist. Ct. App. 1980)

Opinion

No. SS-146.

August 28, 1980.

Appeal from the Department of Environmental Regulation.

James R. Brindell, Tallahassee, for appellants.

Randall E. Denker, Tallahassee, for appellee Dept. of Environmental Regulation.

G. Miriam Maer, Miami, and Hugh M. Taylor of Bryant, Miller Olive, Tallahassee, for appellee City of Miami.

Mark J. Proctor, Jr., Tallahassee, for amicus curiae Bd. of Trustees of the Internal Improvement Trust Fund.


ON MOTION FOR CLARIFICATION OF JURISDICTION


This is an appeal from an order of the Department of Environmental Regulation concerning issues arising under Section 258.165, Florida Statutes. The Court has determined that the appeal is premature because review by the Board of Trustees of the Internal Improvement Trust Fund has not been exhausted. See, Peterson v. State Department of Environmental Regulation, 350 So.2d 544 (Fla. 1st DCA 1977); Section 5, Chapter 80-66, Laws of Florida; Chapter 17-1.70(2), Florida Administrative Code. Accordingly, this appeal is hereby dismissed without prejudice to any party's right to appeal from an adverse decision by the Board of Trustees.

ROBERT P. SMITH, Jr., ERVIN and WENTWORTH, JJ., concur.


Summaries of

Friends of Everglades v. State, Dept

District Court of Appeal of Florida, First District
Aug 28, 1980
387 So. 2d 511 (Fla. Dist. Ct. App. 1980)
Case details for

Friends of Everglades v. State, Dept

Case Details

Full title:FRIENDS OF THE EVERGLADES, TROPICAL AUDUBON, INC., AND SIERRA CLUB…

Court:District Court of Appeal of Florida, First District

Date published: Aug 28, 1980

Citations

387 So. 2d 511 (Fla. Dist. Ct. App. 1980)

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