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Petito v. Constr. Indus. Licensing Bd.

District Court of Appeal of Florida, First District.
Aug 17, 2012
99 So. 3d 552 (Fla. Dist. Ct. App. 2012)

Summary

finding that the appellant lacked standing where he obtained the relief he sought from the licensing board and did not demonstrate a basis for apprehension that as a result of the proceeding he would be disciplined in the future

Summary of this case from Diaz-Ramirez v. Dep't of Health, Bd. of Med.

Opinion

No. 1D11–5597.

2012-08-17

Robert PETITO, Appellant, v. CONSTRUCTION INDUSTRY LICENSING BOARD, Appellee.

An appeal from the Construction Industry Licensing Board. Mark Pietanza, Chair. Rosemary H. Hayes, of Hayes Law, PL, Orlando, for Appellant. Pamela Jo Bondi, Attorney General, and Daniel R. Biggins and Charlyne M. “Khai” Patterson, Assistant Attorneys General, Tallahassee, for Appellee.


An appeal from the Construction Industry Licensing Board. Mark Pietanza, Chair.
Rosemary H. Hayes, of Hayes Law, PL, Orlando, for Appellant. Pamela Jo Bondi, Attorney General, and Daniel R. Biggins and Charlyne M. “Khai” Patterson, Assistant Attorneys General, Tallahassee, for Appellee.
PER CURIAM.

We dismiss the appeal in this case for lack of standing. See Bodenstab v. Dep't of Prof'l Regulation, 648 So.2d 742, 743 (Fla. 1st DCA 1994). At oral argument, the Board's counsel affirmed that the petitioner, Robert Petito, would not be subject to discipline for any matter that has been brought to the Department's attention to date. This avowal ameliorates Petito's concern that the Board might use probation or other types of discipline as an impermissible condition on his license. It also buttresses our conclusion that Petito lacks standing: beyond receiving the relief he sought below (i.e., an unconditional transfer of his license) he has no basis for apprehension that the Board will attempt to improperly impose discipline upon him.

DISMISSED.

DAVIS, LEWIS, and MAKAR, JJ., concur.


Summaries of

Petito v. Constr. Indus. Licensing Bd.

District Court of Appeal of Florida, First District.
Aug 17, 2012
99 So. 3d 552 (Fla. Dist. Ct. App. 2012)

finding that the appellant lacked standing where he obtained the relief he sought from the licensing board and did not demonstrate a basis for apprehension that as a result of the proceeding he would be disciplined in the future

Summary of this case from Diaz-Ramirez v. Dep't of Health, Bd. of Med.
Case details for

Petito v. Constr. Indus. Licensing Bd.

Case Details

Full title:Robert PETITO, Appellant, v. CONSTRUCTION INDUSTRY LICENSING BOARD…

Court:District Court of Appeal of Florida, First District.

Date published: Aug 17, 2012

Citations

99 So. 3d 552 (Fla. Dist. Ct. App. 2012)

Citing Cases

Diaz-Ramirez v. Dep't of Health, Bd. of Med.

We conclude that Diaz-Ramirez lacks standing to bring this appeal as she did not establish that she is…