Legal Opinion · Concurring in part, dissenting in part

Hadi v. Liberty Behavioral Health Corp.

District Court of Appeal of Florida

Decided March 29, 2006No. Nos. 1D05-3264, 1D05-4663Published

1Concurring in part, dissenting in partBenton, J.

I concur in today’s judgment insofar as it reverses the circuit court injunction, although it does so too late to do much good here. “The doctrine of exhaustion of administrative remedies precludes judicial intervention in executive branch decision-making where administrative procedures [and, if necessary, ensuing judicial review under section 120.68] can afford the relief a litigant seeks.” Fla. Marine Fisheries Comm’n v. Pringle, 736 So.2d 17, 20 (Fla. 1st DCA 1999). The trial court violated well-established principles by interjecting itself into an ongoing administrative proceeding,…

2Cases cited7 opinions

  1. Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc.Supreme Court of Florida · 1978
  2. Department of Rev. of Fla. v. Young American Bldrs.District Court of Appeal of Florida · 1976
  3. Carrollwood State Bank v. LewisDistrict Court of Appeal of Florida · 1978
  4. Florida Marine Fisheries v. PringleDistrict Court of Appeal of Florida · 1999
  5. Spuza v. Department of HealthDistrict Court of Appeal of Florida · 2003

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