A Florida appeals court recently decided to transfer a case involving Krista and Robert Zivkovic against Lee County and Guardians of Florida Animal Rescue, Inc. The decision, made by the District Court of Appeal of Florida on September 25, 2026, affects the Zivkovics and their efforts regarding animal rescue operations in their area.
The Zivkovics filed a petition for a writ of certiorari, seeking to review a decision made by a deputy hearing examiner for Lee County on July 17, 2026. This decision was deemed final, and the Zivkovics were directed to seek review through the circuit court, as stated in the Lee County Land Development Code.
Background
The Zivkovics, residents of North Fort Myers, took legal action against Lee County and the Guardians of Florida Animal Rescue, Inc. The dispute centers around the operations of the animal rescue organization and its impact on the Zivkovics' property and community.
The case reached the District Court of Appeal after the Zivkovics filed their petition, believing that the deputy hearing examiner's decision was unjust. They sought a higher court's review to potentially overturn or modify the earlier ruling.
The Ruling
The court ruled that it did not have jurisdiction to hear the case as an appeal. The judges stated, "Because the Decision is not a trial court ruling, within the scope of rule 9.130, or appealable by statute, no appeal jurisdiction exists." This means that the court found the decision made by the deputy hearing examiner was not something they could directly review.
Instead, the court decided to transfer the case to the Circuit Court of the Twentieth Judicial Circuit in Lee County. The judges emphasized that they would decline jurisdiction in favor of the circuit court, stating, "we decline such jurisdiction in favor of the circuit court." This transfer allows the Zivkovics to pursue their case in the appropriate venue.
Impact
The transfer of this case to the circuit court signifies an important step for the Zivkovics and potentially other residents affected by animal rescue operations in Lee County. This ruling clarifies the legal pathways available for residents seeking to challenge local government decisions regarding animal welfare and land use.
By transferring the case, the appeals court ensures that the Zivkovics can continue their pursuit of justice in a court that has the proper jurisdiction. This decision may also set a precedent for future cases involving similar disputes between residents and local animal rescue organizations.
What's Next
The Zivkovics can now proceed with their case in the Circuit Court of the Twentieth Judicial Circuit. It remains to be seen how the circuit court will handle the petition and what the outcome will be. There are no indications in the court filing regarding any related cases pending at this time.