Stacey v. DEPARTMENT OF PRO. REG.
This text of 547 So. 2d 241 (Stacey v. DEPARTMENT OF PRO. REG.) 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
Ralph L. STACEY, Jr., Appellant,
v.
DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF NURSING HOME ADMINISTRATORS, Appellee.
District Court of Appeal of Florida, First District.
*242 Kenneth S. Handmaker, Louisville, Ky., for appellant.
Lisa S. Nelson, Appellate Atty., for appellee.
PER CURIAM.
We have for our consideration the parties' "Joint Motion for Relinquishment of Jurisdiction and to Abate Appellate Proceedings." Therein the parties agree that the agency's order was entered in error and that appellant is entitled to a formal hearing pursuant to section 120.57(1), Florida Statutes. Rather than granting the motion, we find the proper remedy is to reverse and remand this cause for further proceedings in accordance with the Florida Administrative Procedure Act, see Martin County Liquors, Inc. v. Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, 539 So.2d 8 (Fla. 1st DCA 1989); Cole v. Department of Professional Regulation, 502 So.2d 481 (Fla. 1st DCA 1987).
Reversed.
BOOTH, WIGGINTON and BARFIELD, JJ., concur.
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547 So. 2d 241, 1989 WL 77485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stacey-v-department-of-pro-reg-fladistctapp-1989.