Barfield v. Department of State, Division of Licensing

District Court of Appeal of Florida

Barfield v. Department of State, Division of Licensing

568 So. 2d 493, 1990 Fla. App. LEXIS 8005, 1990 WL 154754

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 1990

DocketNo. 90-313

StatusPublished

Cited by1 cases

This text of 568 So. 2d 493 (Barfield v. Department of State, Division of Licensing) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barfield v. Department of State, Division of Licensing, 568 So. 2d 493, 1990 Fla. App. LEXIS 8005, 1990 WL 154754 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Michael A. Barfield appeals an order of the Department of State, Division of Licensing, which imposed an administrative fine. He argues that the agency improperly denied his request for a formal hearing pursuant to section 120.57(1), Florida Statutes.

The agency has now entered an order dated August 22, 1990, which vacated its earlier order and granted appellant the formal hearing he requested. The department moves for dismissal of this appeal, essentially contending the issues presented here are moot. Appellant has responded, stating no opposition to dismissal so long as his right to move for award of attorney’s fees and costs is preserved.

We find the agency lacked jurisdiction to enter the order of August 22 because of the pendency of this appeal, and the order is therefore quashed. We elect to treat the appellee’s motion as in the nature of a confession of error, and reverse and remand this cause for proceedings consistent with the Florida Administrative Procedure Act. Pure Fresh Enterprises, Inc. v. Division of Alcoholic Beverages and Tobacco, 519 So.2d 676 (Fla. 1st DCA 1988); Sierra Club Committee on Political Education Florida Fund v. Florida Elections Commission, Department of State, 507 So.2d 702 (Fla. 1st DCA 1987). Appellant may apply to the lower tribunal for an award of costs. He has not, however, stated any cognizable grounds for an award of attorney’s fees.

REVERSED.

SHIVERS, C.J., and JOANOS and ZEHMER, JJ., concur.

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PER CURIAM.

Michael A. Barfield appeals an order of the Department of State, Division of Licensing, which imposed an administrative fine. He argues that the agency improperly denied his request for a formal hearing pursuant to section 120.57(1), Florida Statutes.

The agency has now entered an order dated August 22, 1990, which vacated its earlier order and granted appellant the formal hearing he requested. The department moves for dismissal of this appeal, essentially contending the issues presented here are moot. Appellant has responded, stating no opposition to dismissal so long as his right to move for award of attorney’s fees and costs is preserved.

We find the agency lacked jurisdiction to enter the order of August 22 because of the pendency of this appeal, and the order is therefore quashed. We elect to treat the appellee’s motion as in the nature of a confession of error, and reverse and remand this cause for proceedings consistent with the Florida Administrative Procedure Act. Pure Fresh Enterprises, Inc. v. Division of Alcoholic Beverages and Tobacco, 519 So.2d 676 (Fla. 1st DCA 1988); Sierra Club Committee on Political Education Florida Fund v. Florida Elections Commission, Department of State, 507 So.2d 702 (Fla. 1st DCA 1987). Appellant may apply to the lower tribunal for an award of costs. He has not, however, stated any cognizable grounds for an award of attorney’s fees.

REVERSED.

SHIVERS, C.J., and JOANOS and ZEHMER, JJ., concur.

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568 So. 2d 493, 1990 Fla. App. LEXIS 8005, 1990 WL 154754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barfield-v-department-of-state-division-of-licensing-fladistctapp-1990.

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