Castillo v. State Construction Industry Licensing Board

District Court of Appeal of Florida

Castillo v. State Construction Industry Licensing Board

929 So. 2d 618, 2006 Fla. App. LEXIS 7070, 2006 WL 1331481

District Court of Appeal of Florida·Decided May 10, 2006·No. No. 3D05-2784·Published

Opinion

PER CURIAM.

The appellee Construction Industry Licensing Board [Board] has conceded error (failure to notify Castillo’s attorney as required by section 120.60(3), Florida Statutes (2005)) and has suggested that we reverse the Final Order and remand the case to the Board in order to correct its error. The Board has also conceded that Castillo has the right to petition for an evidentiary hearing pursuant to section 120.57(1), Florida Statutes (2005).

Accordingly we reverse the Final Order and remand with instructions to the Board to correct its error, thus providing Castillo the opportunity to petition for an eviden-tiary hearing pursuant to section 120.57(1), which petition shall be granted, if timely filed. At the evidentiary hearing Castillo may raise the alleged ambiguity in the settlement stipulation, and further factual and legal issues as bear on the matters related to Castillo’s entitlement to the applied — for license.

Reversed and remanded with instructions.

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PER CURIAM.

The appellee Construction Industry Licensing Board [Board] has conceded error (failure to notify Castillo’s attorney as required by section 120.60(3), Florida Statutes (2005)) and has suggested that we reverse the Final Order and remand the case to the Board in order to correct its error. The Board has also conceded that Castillo has the right to petition for an evidentiary hearing pursuant to section 120.57(1), Florida Statutes (2005).

Accordingly we reverse the Final Order and remand with instructions to the Board to correct its error, thus providing Castillo the opportunity to petition for an eviden-tiary hearing pursuant to section 120.57(1), which petition shall be granted, if timely filed. At the evidentiary hearing Castillo may raise the alleged ambiguity in the settlement stipulation, and further factual and legal issues as bear on the matters related to Castillo’s entitlement to the applied — for license.

Reversed and remanded with instructions.

Castillo v. State Construction Industry Licensing Board, 929 So. 2d 618, 2006 Fla. App. LEXIS 7070, 2006 WL 1331481 (Fla. Ct. App. 2006).

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929 So. 2d 618 (Castillo v. State Construction Industry Licensing Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.