IN THE COUNTY COURT IN AND FOR ESCAMBIA COUNTY, FLORIDA

WARD DEAN, M.D. and KUMJA C. DEAN	)
	)
Plaintiffs,	)
	)
v.	)	CASE NO. 2003-cc-1618
	)
ESCAMBIA COUNTY, FLORIDA,	)
	)
Defendants.	)
	)

 

ESCAMBIA COUNTY, FLORIDA'S ANSWER
TO PETITION FOR DECLARATORY RELIEF AND
AFFIRMATIVE DEFENSES

Escambia County, Florida (County) answers the petition for declaratory relief, according to its numbered paragraphs, and alleges:

JURISDICTIONAL ALLEGATION

Plaintiffs have made an allegation that this court has jurisdiction pursuant to § 34.01(1)(b), Fla. Stat., which governs the original jurisdiction of the County Court to resolve violations of municipal and county ordinances. County denies that this court has jurisdiction pursuant to this statutory section.

PETITION FOR DECLARATORY RELIEF

COUNT I

FIRST AFFIRMATIVE DEFENSE

This court lacks subject matter jurisdiction over the petition for declaratory relief.

SECOND AFFIRMATIVE DEFENSE

This lawsuit is barred by the doctrine of res judicata. All of the issues and contentions raised by plaintiffs in this lawsuit have been decided adversely to the plaintiffs by Circuit Court Case No. 00-2027-CA-01, in which Circuit Judge Nicholas P. Geeker affirmed the decision oftthe Special Master and denied plaintiffs' petition for. certiorari, and by Case No. 1 D02-3095, in which the First District Court of Appeal of the State of Florida affirmed, per curiam, without opinion on December 11, 2002, the denial of the petition for writ of certiorari. A mandate was issued by the First District Court of Appeal on December 27, 2002, to which plaintiffs could not have further appealed to the Florida Supreme Court because the affirmance was without written opinion.

THIRD AFFIRMATIVE DEFENSE

Plaintiffs have failed to allege a cause of action under § 86.011, Fla. Stat. WHEREFORE, County requests that the petition for declaratory relief be dismissed with prejudice and that County be awarded its taxable costs.

COUNT II

FIRST AFFIRMATIVE DEFENSE

This court lacks subject matter jurisdiction over the petition for declaratory relief.

SECOND AFFIRMATIVE DEFENSE

This lawsuit is barred by the doctrine of res judicata. All of the issues and contentions raised by plaintiffs in this lawsuit have been decided adversely to the plaintiffs by Circuit Court Case No. 00-2027-CA-01, in which Circuit Judge Nicholas P. Geeker affirmed the decision of the Special Master and denied plaintiffs' petition for certiorari, and by Case No. 1 D02-3095, in which the First District Court of Appeal of the State of Florida affirmed, per curiam without opinion on December 11, 2002, the denial of the petition for writ of certiorari. A mandate was issued by the First District Court of Appeal on December 27, 2002, to which plaintiffs could not have further appealed to the Florida Supreme Court because the affirmance was without written opinion.

THIRD AFFIRMATIVE DEFENSE

Plaintiffs have failed to state a cause of action under the Florida Constitution based upon an unalienable right to defend their lives and to protect their property by the construction of a 6-foot fence.

WHEREFORE, County requests that the petition for declaratory relief be dismissed with prejudice and that County be awarded its taxable costs.

COUNT III

FIRST AFFIRMATIVE DEFENSE

This court lacks subject matter jurisdiction over the petition for declaratory relief.

SECOND AFFIRMATIVE DEFENSE

This lawsuit is barred by the doctrine of res judicata. All of the issues and contentions raised by plaintiffs in this lawsuit have been decided adversely to the plaintiffs

by Circuit Court Case No. 00-2027-CA-01, in which Circuit Judge Nicholas P. Geeker affirmed the decision of the Special Master and denied plaintiffs' petition for certiorari, and by Case No. 1 D02-3095, in which the First District Court of Appeal of the State of Florida affirmed, per curiam, without opinion on December 11, 2002, the denial of the petition for writ of certiorari. A mandate was issued by the First District Court of Appeal on December 27, 2002, to which plaintiffs could not have further appealed to the Florida Supreme Court because the affirmance was without written opinion.

THIRD AFFIRMATIVE DEFENSE

Plaintiffs have failed to allege a cause of action under § 86.011, Fla. Stat. WHEREFORE, County requests that the petition for declaratory relief be dismissed with prejudice and that County be awarded its taxable costs.

Escambia County Attorney's Office
14 West Government St., Room 411 Pensacola, Florida 32501
(850) 595-4970

/s/ Charles V. Peppler Charles V. Peppier
Chief Litigation Attorney
Florida Bar No.: 239739
Attorney for Defendant, Escambia County

 

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