Miami-Dade County v. Department of Community Affairs
This text of 29 So. 3d 1210 (Miami-Dade County v. Department of Community Affairs) 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.
Opinion
Upon consideration of the appellant’s response to the Court’s order of September 11, 2009, the Court has determined that the order on appeal constitutes a final administrative order subject to appellate review. This Court has held that the complete failure to consider or make explicit rulings on each exception filed in response to an administrative recommended order renders the order nonfinal. See Cocktails Plus v. Dept. of Bus. and Profl Regulation, 958 So.2d 1154 (Fla. 1st DCA 2007). However, we decline to extend this holding to the instant situation where the lower tribunal clearly considered the exceptions, but failed to rule on each exception individually. The show cause order is hereby discharged.
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Cite This Page — Counsel Stack
29 So. 3d 1210, 2010 Fla. App. LEXIS 3366, 2010 WL 935580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miami-dade-county-v-department-of-community-affairs-fladistctapp-2010.