Mrotek v. City of Boynton Beach

We affirm that part of the trial court’s order dismissing the complaint for appellants’ failure to exhaust their administrative remedies. It was, however, error to determine that the dismissal is with prejudice for lack of jurisdiction. The issue before the trial court is not jurisdictional but involves a judicial policy to defer to the administrative process by requiring appellants to pursue available and adequate remedies. Therefore, the dismissal should have been without prejudice.

Prior to proceeding in the circuit court, the Mroteks must appeal the decision of the city’s building…