District Court of Appeal of Florida

In a dispute between a developer and county, an order dismissing a petition for writ of mandamus and complaint for declaratory relief with prejudice is reversed where the issue of whether the parties settled a Bert Harris Act claim as part of a settlement in prior litigation could no be resolved merely from the face of the pleadings and the attachments thereto.

Appellate Information

• Decided 05/05/2006
• Published 05/05/2006

Judges

• ALTENBERND, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Kenneth G. Oertel and Jeffrey Brown of Oertel, Fernandez, Cole & Bryant, P.A., Tallahassee, for Appellant.


• For Appellees:
  
• W. Cort Frohlich and James D. Gordon, III, of Wilkins, Frohlich, Russell, Hanaoka & Mizell, P.A., Port Charlotte, for Appellee.