Home/District Court of Appeal of Florida/Department of Revenue v. Sheraton Bal Harbour Ass'n

Department of Revenue v. Sheraton Bal Harbour Ass'n

864 So. 2d 454, 2003 Fla. App. LEXIS 19231, 29 Fla. L. Weekly Fed. D 25
CourtDistrict Court of Appeal of Florida
DecidedDecember 18, 2003
DocketNo. 1D03-3933
StatusPublished
Cited by1 cases

This text of 864 So. 2d 454 (Department of Revenue v. Sheraton Bal Harbour Ass'n) 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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Department of Revenue v. Sheraton Bal Harbour Ass'n, 864 So. 2d 454, 2003 Fla. App. LEXIS 19231, 29 Fla. L. Weekly Fed. D 25 (Fla. Ct. App. 2003).

Opinion

PER CURIAM.

The Department of Revenue seeks a writ of prohibition to prevent the Division of Administrative Hearings (“DOAH”) from proceeding with Sheraton’s rule challenge to a repealed rule. The Department contends that section 120.56, Florida Statutes does not authorize a rule challenge to a rule that is no longer in existence, and therefore, DOAH is acting in excess of its jurisdiction. We agree and grant the petition. Because the court is confident that DOAH will promptly comply with this opinion, the court withholds formal issuance of the writ.

BARFIELD, ALLEN and DAVIS, JJ., concur.

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Bluebook (online)
864 So. 2d 454, 2003 Fla. App. LEXIS 19231, 29 Fla. L. Weekly Fed. D 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-revenue-v-sheraton-bal-harbour-assn-fladistctapp-2003.