Convention Press, Inc. v. Gordon

District Court of Appeal of Florida

Convention Press, Inc. v. Gordon

373 So. 2d 963, 1979 Fla. App. LEXIS 15411

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 1979

DocketNo. OO-184

StatusPublished

Cited by1 cases

This text of 373 So. 2d 963 (Convention Press, Inc. v. Gordon) 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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Convention Press, Inc. v. Gordon, 373 So. 2d 963, 1979 Fla. App. LEXIS 15411 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

This cause is before us on Motion to Dismiss an administrative appeal from the Joint Legislative Management Committee. The sole issue before us is the applicability, vel non, of the Administrative Procedures Act, Florida Statute Chapter 120, to the Joint Legislative Management Committee in connection with its functions and responsibilities for printing the Florida Statutes. Florida Statute § 120.50(1) provides that the Administrative Procedures Act does not apply to “The Legislature.”

After argument, and on consideration of the Motion, Response and Memorandum of Law filed herein, we hold that the exemption of § 120.50(1) applies and precludes applicability of Chapter 120 to activities of the Joint Committee. The Motion to Dismiss is, therefore granted, but without prejudice to any rights or remedies otherwise available in the courts¹ for enforcement of [964]*964appellee’s duties under Florida Statute Chapter 283.

It is so ordered.

BOOTH, Acting C. J., and LARRY G. SMITH and SHIVERS, JJ., conc.ur.

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PER CURIAM.

This cause is before us on Motion to Dismiss an administrative appeal from the Joint Legislative Management Committee. The sole issue before us is the applicability, vel non, of the Administrative Procedures Act, Florida Statute Chapter 120, to the Joint Legislative Management Committee in connection with its functions and responsibilities for printing the Florida Statutes. Florida Statute § 120.50(1) provides that the Administrative Procedures Act does not apply to “The Legislature.”

After argument, and on consideration of the Motion, Response and Memorandum of Law filed herein, we hold that the exemption of § 120.50(1) applies and precludes applicability of Chapter 120 to activities of the Joint Committee. The Motion to Dismiss is, therefore granted, but without prejudice to any rights or remedies otherwise available in the courts¹ for enforcement of [964]*964appellee’s duties under Florida Statute Chapter 283.

It is so ordered.

BOOTH, Acting C. J., and LARRY G. SMITH and SHIVERS, JJ., conc.ur.

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373 So. 2d 963, 1979 Fla. App. LEXIS 15411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/convention-press-inc-v-gordon-fladistctapp-1979.

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