Palm Beach Park Centre 4, LLC v. Town of Palm Beach
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2014 PALM BEACH PARK CENTRE 4, LLC, Appellant, v. TOWN OF PALM BEACH, Appellee. No. 4D13-1993 [July 16, 2014] 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. * * * Not final until disposition of timely filed motion for rehearing. 2
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