M.A.J. v. Department of Agriculture and Consumer Services, Division of Licensing

CourtDistrict Court of Appeal of Florida
DecidedSeptember 2, 2021
Docket20-0250
StatusPublished

This text of M.A.J. v. Department of Agriculture and Consumer Services, Division of Licensing (M.A.J. v. Department of Agriculture and Consumer Services, 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.

Bluebook
M.A.J. v. Department of Agriculture and Consumer Services, Division of Licensing, (Fla. Ct. App. 2021).

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D20-250 _____________________________

M.A.J.,

Appellant,

v.

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING,

Appellee. _____________________________

On appeal from the Department of Agriculture and Consumer Services, Division of Licensing. Stephen D. Hurm, Director.

September 2, 2021

B.L. THOMAS, J.

The Department shall assign Appellant’s petition for administrative hearing to the Division of Administrative Hearings for a formal hearing under section 120.57(1), Florida Statutes (2020), as required by R.C. v. Department of Agriculture and Consumer Services, Division of Licensing, 46 Fla. L. Weekly D1421 (Fla. 1st DCA June 16, 2021) (en banc).

REVERSED and REMANDED.

TANENBAUM, J., concurs; KELSEY, J., dissents with opinion. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

KELSEY, J., dissenting.

I dissent for the reasons expressed in my dissent in R.C. v. Department of Agriculture and Consumer Services, Division of Licensing, 46 Fla. L. Weekly D1421 (Fla. 1st DCA June 16, 2021).

_____________________________

Noel H. Flasterstein of Noel H. Flasterstein, P.A., Fort Lauderdale; and Eric J. Friday of Kingry & Friday, PLLC, Jacksonville, for Appellant.

Tobey Schultz, Department of Agriculture and Consumer Services, Division of Licensing, Tallahassee, for Appellee.

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Bluebook (online)
M.A.J. v. Department of Agriculture and Consumer Services, Division of Licensing, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maj-v-department-of-agriculture-and-consumer-services-division-of-fladistctapp-2021.