Archive for December 2022

When appealing a final agency order in Florida, you must be aware of certain procedural aspects unique to administrative appeals. First, with limited exception, the appealing party can choose where to file the appeal:  the District Court of Appeal where the agency is headquartered or the District Court of Appeal where the party resides.  §…

In a recent post, I discussed the Fifth DCA’s use of the “supremacy-of-text principle” to resolve statutory interpretation.  The Third DCA recently applied the principle to determine whether a county is a “county” or a “municipality” under section 112.3187(9)(f), Florida Statutes.  The case is Garavan v. Miami-Dade County. In the case, a former employee for…

Florida’s Fifth District Court of Appeal recently issued an opinion providing a good example of the “supremacy-of-text principle,” which is used by Florida courts when interpreting statutes. The case, The Kidwell Group, LLC v. ASI Preferred Insurance Corp., explains the textualism principle for statutory interpretation: “[t]he words of a governing text are of paramount concern,…