Administrative Appeals
The Third DCA affirms final order denying a request for administrative hearing
Last month, the Third DCA issued an opinion on the subject of timely requesting an administrative hearing. The case is Dixon v. Department of Agriculture and Consumer Services. The order on appeal was a final administrative order, appealable under section 120.68(1), Florida Statutes. The case began when the Department made an administrative complaint against Dixon…
Read MoreExhaust your administrative remedies? Failure to do so may prove fatal
The Third DCA recently issued an opinion dealing with the doctrine of failure to exhaust administrative remedies—a doctrine that traps many unsuspecting litigants. The case is Jackson Health System v. Louis, an original proceeding for writ of prohibition
Read MoreThe First DCA rules in favor of taxpayer in administrative rule challenge
Earlier this week, the First DCA issued an opinion in favor of our client, GBR Enterprises, Inc. The case is Department of Revenue v. GBR Enterprises, Inc. The order on appeal was a final administrative order, appealable under section 120.68(1), Florida Statutes. The case began with a Department audit against GBR for sales and use…
Read MoreHow general rulemaking authority led to trouble for a Florida agency
The First DCA recently issued an opinion dealing with the interesting of issue of agency rulemaking. The case is MB Doral, LLC v. Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco. The order on appeal was a final administrative order, appealable under section 120.68(1), Florida Statutes. MB Doral operates a bar…
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