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Special magistrate records denial of rehearing in Fort Myers Beach code case
Summary
The magistrate announced an order denying a motion for rehearing in case 2025-1060; the town said it agrees with the ruling and the parties will proceed through the appeal period while a status schedule is set.
The Fort Myers Beach special magistrate on April 7 announced an order denying a motion for rehearing in case 2025-1060, a code-enforcement matter involving property owners Danny Lewis and Carol Jean Thomas. Magistrate John Van Lanningham read the procedural status and placed the ruling on the record.
Town Attorney Nancy Stuprich told the magistrate that the town "agrees with your ruling in this matter," and that the order issued Feb. 26, 2026 will begin the period in which an appeal could be filed. The magistrate noted the procedural steps that follow an adverse ruling and confirmed the town's announcement for the record.
Code Enforcement Manager Michael Howerman summarized the earlier orders that followed a Dec. 4, 2025 hearing and a Jan. 27, 2026 order of findings. That order had mandated compliance within 60 days and provided for daily fines of $250 plus administrative costs if compliance was not achieved. Howerman told the magistrate that, as of inspections on March 30 and April 6, town staff saw "no visible evidence of compliance" at the property.
The magistrate said draft orders would be prepared and circulated to the parties. The hearing record shows the town will proceed according to established appellate timelines unless parties file notices, and the parties expect to revisit substantive remedies and any fines at the next status hearing.
