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City of Winter Park v. Rich
Citations: 692 So. 2d 986; 1997 Fla. App. LEXIS 4850; 1997 WL 216603Docket: No. 97-208
Court: District Court of Appeal of Florida; May 2, 1997; Florida; State Appellate Court
Jonathan D. Rich inherited a residence that consisted of two lots, which his mother used as a single lot. He petitioned the City of Winter Park for a variance to treat the lots separately and build on the second lot, but the City denied his request. Rich then sought relief through a certiorari petition to the circuit court, which initially granted relief in his favor. However, during the oral argument, Rich revealed that he had sold the property in question and did not amend his pleadings to reflect his lack of ownership. As a result, he lost standing to pursue the claim because the new owner might wish to maintain the lots as a single residence. The court's ruling was deemed erroneous for not granting the City’s motion to dismiss due to mootness. Consequently, the petition for writ of certiorari was granted, reversing the trial court's decision, and the case was remanded with instructions to dismiss the action. Judges Peterson and W. Sharp concurred with the decision.