Meiklejohn v. American Distributors, Inc.

210 So. 2d 259
CourtDistrict Court of Appeal of Florida
DecidedApril 16, 1968
DocketK-11
StatusPublished
Cited by18 cases

This text of 210 So. 2d 259 (Meiklejohn v. American Distributors, Inc.) 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
Meiklejohn v. American Distributors, Inc., 210 So. 2d 259 (Fla. Ct. App. 1968).

Opinion

210 So.2d 259 (1968)

Don D. MEIKLEJOHN, Director of the State Beverage Department of Florida, and Central Florida Distributing Company, Inc., a Florida Corporation, Appellants,
v.
AMERICAN DISTRIBUTORS, INC., et al., Appellees.

No. K-11.

District Court of Appeal of Florida. First District.

April 16, 1968.
Rehearing Denied June 6, 1968.

*260 James J. Richardson and W.R. Phillips, Tallahassee, for appellants.

Paul A. Saad, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellees.

WIGGINTON, Chief Judge.

Appellants seek review by interlocutory appeal of an order rendered by the Circuit Court of Leon County denying their motion to dismiss the complaint filed in that court upon the asserted ground that the court lacked jurisdiction over the subject matter of the cause. It is contended that the court erred as a matter of law in holding that it has jurisdiction of the proceedings pending before it, and in denying appellants' motion to dismiss.

This case had its genesis in an administrative proceeding commenced under the beverage laws of this state pursuant to which appellant, Central Florida Distributing Company, applied to the State Beverage Department for the issuance of a license allowing it to distribute spirituous liquors to licensed vendors under the applicable provisions of law.[1] As required by the statute, the beverage director gave notice to the applicant and all other licensed liquor distributors that a hearing would be held at a stated time for the purpose of determining whether the application should be granted.[2]

Appellee, American Distributors, Inc., was one among many of the licensed distributors operating in Florida on whom the foregoing notice of hearing was served. *261 American thereupon promptly filed with the director its objection and protest to the issuance of the license for which Central Florida had applied. Prior to the date of the hearing Central Florida petitioned the director for an order requiring American and other protesting distributors to give their depositions by answering certain specified written interrogatories, copies of which were served on American and the other protesting distributors. In accordance with the authority granted him by the administrative procedure act,[3] the director entered his order requiring American and others to answer the interrogatories served by Central Florida unless within the time limited for answering, the protestants should file and serve upon Central Florida objections to such interrogatories. Objections to the interrogatories were filed by American and the other protestants. At a hearing duly held after notice to the parties, the director entered his order sustaining American's objections to some of the interrogatories, but requiring that the remainder be answered as requested by Central Florida.

Conceiving that it would suffer irreparable injury if required to answer the interrogatories as ordered by the beverage director, American sought relief by the filing of this action in the Circuit Court of Leon County. By its complaint for declaratory decree brought pursuant to Chapter 87, Florida Statutes, F.S.A., American alleged that a controversy had arisen between it and the defendant beverage director relative to its obligation to produce the information required of it by the director's order, none of which is either material or relevant to the issues presented by Central Florida's application for a distributor's license under the beverage act. By its prayer for relief American prayed for judgment declaring and adjudicating its rights and duties under the beverage director's order, and declaring that it is not required to produce the information sought to be elicited by the questioned interrogatories. Plaintiff prayed generally for such other and further relief as the court may deem meet and just.

The defendants, Meiklejohn as beverage director, and Central Florida, as applicant, filed their motions to dismiss American's complaint on the primary ground that the circuit court lacked jurisdiction over the subject matter of the action which seeks review of an interlocutory order rendered by a state agency in a quasi-judicial proceeding, in which the final order to be entered therein is reviewable only by petition for writ of certiorari to the district court of appeal, and not to the circuit court. From an order of the circuit court denying appellants' motion to dismiss, this interlocutory appeal is taken.

The Constitution of Florida vests in the district courts of appeal such powers of direct review of administrative action as may be provided by law.[4]

The rules of appellate procedure adopted by the Supreme Court pursuant to the authority vested in it by Article V, Section 3, of the Florida Constitution, F.S.A.,[5] provide that all appellate review of the rulings of any commission or board shall be by certiorari as provided by the Florida Appellate Rules, 32 F.S.A.[6] The appellate rules further prescribe the procedure to be followed in seeking review by certiorari.[7]

The administrative procedure act of this state which provides for judicial review of *262 orders entered by state agencies, boards and commissions is in pertinent part as follows:

"Review of agency orders. —
(1) As an alternative procedure for judicial review, and except where appellate review is now made directly by the supreme court, the final orders of an agency entered in any agency proceedings, or in the exercise of any judicial or quasi-judicial authority, shall be reviewable by certiorari by the district courts of appeal within the time and manner prescribed by the Florida appellate rules. If judicial review is sought under this section, the petition shall so state. The venue of the proceedings for such review shall be the appellate district which includes the county wherein hearings before the hearing officer or agency, as the case may be, are conducted, or if venue cannot be thus determined, then the appellate district wherein the agency's executive offices are located."[8]

From the above-quoted provision of the administrative procedure act it is readily apparent that review by certiorari of orders rendered in administrative proceedings by state agencies applies only to those orders which may be properly categorized as final in nature, and which are rendered in the exercise of any judicial or quasi-judicial authority. It does not specifically apply to interlocutory orders, nor does it apply to any orders rendered in the exercise of an executive, legislative, quasi-executive, or quasi-legislative authority.

Although the order which is made the subject of attack by declaratory decree in this case is interlocutory in character, there can be no question but that it was rendered by a state agency in the exercise of a quasi-judicial authority. This is evidenced by the fact that the statute pursuant to which Central Florida's application for a distributor's license was filed requires that the decision of whether it should be granted be made by the director only after due notice and hearing to all interested parties. It is apparent that the director, in the conduct of this proceeding, is conforming to the requirements of the administrative procedure act, because it is in accordance with the requirements of that act that the order directing American to answer the interrogatories propounded by Central Florida was rendered after due notice and proper hearing.

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Bluebook (online)
210 So. 2d 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meiklejohn-v-american-distributors-inc-fladistctapp-1968.