Johnston v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION

District Court of Appeal of Florida

Johnston v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION

71 So. 3d 230, 2011 Fla. App. LEXIS 15777, 2011 WL 4598182

CourtDistrict Court of Appeal of Florida

DecidedOctober 6, 2011

Docket1D10-5512

StatusPublished

Cited by1 cases

This text of 71 So. 3d 230 (Johnston v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION) 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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Johnston v. FLORIDA UNEMPLOYMENT APPEALS COMMISSION, 71 So. 3d 230, 2011 Fla. App. LEXIS 15777, 2011 WL 4598182 (Fla. Ct. App. 2011).

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Opinion

PER CURIAM.

Having considered the appellant’s responses to the Court’s order of June 16, 2011, the appeal is hereby DISMISSED. The appellant’s notice of appeal failed to timely invoke the Court’s jurisdiction to review the final administrative order rendered on October 31, 2008. Fla. R.App. P. 9.110(c). Further, the agency order on the appellant’s petition to vacate the 2008 final order has not been rendered by the agency. See Fla. R.App. P. 9.020(h). Therefore, the appeal from the September 20, 2010, administrative order is premature. See generally Students for Online Voting v. Machen, 24 So.3d 1273 (Fla. 1st DCA 2009) (noting earlier appeal had been dismissed as premature because it had not been rendered). This dismissal is without prejudice to the appellant’s right to seek relief from the lower tribunal or to bring a timely appeal once the agency renders a decision on the petition to vacate. See Johnson v. Terry Hunt Constr. Co., 878 So.2d 1282 (Fla. 1st DCA 2004) (noting the inherent power of an administrative tribunal to correct its own errors in its orders).

WOLF, LEWIS, and ROWE, JJ., concur.

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PER CURIAM.

Having considered the appellant’s responses to the Court’s order of June 16, 2011, the appeal is hereby DISMISSED. The appellant’s notice of appeal failed to timely invoke the Court’s jurisdiction to review the final administrative order rendered on October 31, 2008. Fla. R.App. P. 9.110(c). Further, the agency order on the appellant’s petition to vacate the 2008 final order has not been rendered by the agency. See Fla. R.App. P. 9.020(h). Therefore, the appeal from the September 20, 2010, administrative order is premature. See generally Students for Online Voting v. Machen, 24 So.3d 1273 (Fla. 1st DCA 2009) (noting earlier appeal had been dismissed as premature because it had not been rendered). This dismissal is without prejudice to the appellant’s right to seek relief from the lower tribunal or to bring a timely appeal once the agency renders a decision on the petition to vacate. See Johnson v. Terry Hunt Constr. Co., 878 So.2d 1282 (Fla. 1st DCA 2004) (noting the inherent power of an administrative tribunal to correct its own errors in its orders).

WOLF, LEWIS, and ROWE, JJ., concur.

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71 So. 3d 230, 2011 Fla. App. LEXIS 15777, 2011 WL 4598182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-florida-unemployment-appeals-commission-fladistctapp-2011.

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