Atlantic Gas Corp. v. REC Centers, Inc.

Full title: ATLANTIC GAS CORPORATION, A FLORIDA CORPORATION, APPELLANT-PETITIONER, v…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 10, 1975

305 So. 2d 791 (Fla. Dist. Ct. App. 1975)

Opinion

Nos. 74-957 and 74-985.

January 10, 1975.

Appeal from the Circuit Court, Broward County, Russell E. Seay, Jr., J.

Richard R. Booth, Aronovitz, Silver Booth, Miami, for appellant-petitioner.

Eugene L. Heinrich, McCune, Hiaasen, Crum, Ferris Gardner, Ft. Lauderdale, for appellee-respondent.

PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral arguments of counsel for the respective parties, we determine that appellee-plaintiff, REC Centers, Inc., failed to exhaust available administrative remedies before initiating court action against appellant-defendant, Atlantic Gas Corporation. Therefore, the trial court erred in denying appellant's motion to dismiss the appellee's complaint.

Accordingly, the trial court order denying appellant's motion to dismiss is reversed and the cause remanded to the trial court with directions to dismiss appellee's complaint.

Reversed and remanded, with directions.

WALDEN, CROSS and MAGER, JJ., concur.