Thomas v. Suwannee County

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an action challenging a zoning special exception filed prior to the required expiration of thirty days from filing a complaint with the county should have been abated instead of dismissed with prejudice
• holding that it was improper for the trial court to dismiss a claim for failure to comply with a statutory condition precedent, since the passage of time had cured the problem before the trial court acted on the motion to dismiss
• “Only if the appeal remains premature when the court decides the question of its jurisdiction is dismissal appropriate.”
• general rule is that action filed prematurely should be abated, not dismissed, until cause of action matures; premature filing of action challenging zoning decision could not be dismissed with prejudice; lapse of presuit filing period made premature filing inconsequential
• the general rule is that an action filed prematurely should be abated until it matures rather than being dismissed, so the premature filing of a complaint challenging zoning action, filed before 30 days notice to county had expired, was improperly dismissed

Source: CourtListener parenthetical corpus (CC0).