Posts by Jonathan Taylor

Litigation in administrative proceedings affords many opportunities to move for attorneys’ fees.  One such opportunity is provided in section 120.569(2)(e), Florida Statutes. Under that statute, litigants can move for attorneys’ fees whenever they believe a document is filed for an improper purpose.  The improper purposes include a document filed to harass, to delay, or for…

Last month, the First DCA issued an opinion favorable to our client, Mr. Comfort Furniture Corp.  The case is Mr. Comfort Furniture Corp. v. Department of Revenue, and the opinion can be found here.  The issue involved whether the Department properly dismissed Mr. Comfort’s petition for administrative hearing, as untimely. The case began when the…

This post discusses attorneys’ fees in administrative appeals.  Fees in administrative appeals are governed under Florida Rule of Appellate Procedure 9.190(d).  Under that rule, fees are requested by filing a motion with the appellate court.  Fla. R. App. P. 9.190(d)(1).  The motion must be served no later than the deadline for serving the reply brief…

When dealing with an agency, a situation may arise where the agency must be compelled to perform a ministerial duty.  For example, if a formal hearing is requested but the agency does not respond or provide a formal hearing, then the agency must be compelled to act.  The tool for compelling the agency to perform…

This post discusses how to determine whether an administrative body is an “agency” under chapter 120, Florida Statutes; and briefly discusses the differences between challenging final action of agencies under chapter 120 and challenging final action of administrative bodies not considered agencies under chapter 120. Administrative bodies generally fall into two categories:  those within the…

This post discusses judicial review of non-final agency action.  When dealing with a state agency, the agency may enter a preliminary or, non-final, order before ultimately entering a final order.  What steps should you take if you disagree with the non-final order? Under section 120.68(1)(b), Florida Statutes, you can seek review of the order in…

When appealing an agency order, the appealing party typically has a choice of 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.  § 120.68(2)(a), Fla. Stat.  With most agencies headquartered in Tallahassee, most administrative appeals are heard by the…