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Miami-Dade County v. Department

District Court of Appeal of Florida, First District
Mar 17, 2010
29 So. 3d 1210 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D09-4382.

March 17, 2010.

An appeal from the State of Florida Administration Commission. Bram D.E. Canter, ALJ.

R.A. Cuevas, Jr., Miami-Dade County Attorney, and Dennis A. Kerbel, Assistant County Attorney, Miami, for Appellant.

Bill McCollum, Attorney General, and Patricia Gleason, Assistant Attorney General, Tallahassee, for Appellee.


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 DC A 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.

BENTON, THOMAS, and MARSTILLER, JJ., concur.


Summaries of

Miami-Dade County v. Department

District Court of Appeal of Florida, First District
Mar 17, 2010
29 So. 3d 1210 (Fla. Dist. Ct. App. 2010)
Case details for

Miami-Dade County v. Department

Case Details

Full title:MIAMI-DADE COUNTY, Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 17, 2010

Citations

29 So. 3d 1210 (Fla. Dist. Ct. App. 2010)