Nelson v. Florida Department of Agriculture & Consumer Services

District Court of Appeal of Florida

Nelson v. Florida Department of Agriculture & Consumer Services

424 So. 2d 864, 1982 Fla. App. LEXIS 21751

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1982

DocketNo. ZZ-240

StatusPublished

This text of 424 So. 2d 864 (Nelson v. Florida Department of Agriculture & Consumer Services) 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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Nelson v. Florida Department of Agriculture & Consumer Services, 424 So. 2d 864, 1982 Fla. App. LEXIS 21751 (Fla. Ct. App. 1982).

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Opinion

ROBERT P. SMITH, Jr., Chief Judge.

This is Nelson’s fourth and final appeal in the related cases decided today. Here he appeals from the Career Service Commission’s order granting the Department of Agriculture’s motion to dismiss for lack of jurisdiction. In one companion case we sustained the Department of Administration Rules 22A-7.10(4)(a) and 22A-13.04 that supplant Career Service Commission review. Department of Administration and Florida Department of Agriculture and Consumer Services v. Nelson, 424 So.2d 852 (Fla. 1st DCA 1982). In another we found that Nelson was entitled to and did have the benefit of a section 120.57 hearing on [865]*865the matters in issue. Nelson v. Florida Department of Agriculture and Consumer Services, 424 So.2d 860 (Fla. 1st DGA 1982). That remedy was exclusive, for the reasons stated in the companion decisions. Consequently, the Career Service Commission was correct in holding that it has no jurisdiction. Its order granting dismissal for lack of jurisdiction is AFFIRMED.

JOANOS and THOMPSON, JJ., concur.

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ROBERT P. SMITH, Jr., Chief Judge.

This is Nelson’s fourth and final appeal in the related cases decided today. Here he appeals from the Career Service Commission’s order granting the Department of Agriculture’s motion to dismiss for lack of jurisdiction. In one companion case we sustained the Department of Administration Rules 22A-7.10(4)(a) and 22A-13.04 that supplant Career Service Commission review. Department of Administration and Florida Department of Agriculture and Consumer Services v. Nelson, 424 So.2d 852 (Fla. 1st DCA 1982). In another we found that Nelson was entitled to and did have the benefit of a section 120.57 hearing on [865]*865the matters in issue. Nelson v. Florida Department of Agriculture and Consumer Services, 424 So.2d 860 (Fla. 1st DGA 1982). That remedy was exclusive, for the reasons stated in the companion decisions. Consequently, the Career Service Commission was correct in holding that it has no jurisdiction. Its order granting dismissal for lack of jurisdiction is AFFIRMED.

JOANOS and THOMPSON, JJ., concur.

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424 So. 2d 864, 1982 Fla. App. LEXIS 21751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-florida-department-of-agriculture-consumer-services-fladistctapp-1982.

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