UPJOHN HEALTHCARE SERVICES, INC., APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that it lacked jurisdiction because the notice of appeal was not timely filed, and there is no authority for an agency to vacate an order after the appeal period has passed.
Appellant received no notice of the lower tribunal's final order until after the 30-day period for filing an appeal had passed. The notice of appeal w…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Certified Question Of Great Public Importance cases and more on FLexlaw
PER CURIAM.
Appellant moves for partial relinquishment of jurisdiction to the Department of Health and Rehabilitative Services (Depart ment) and/or for a stay of proceedings pending review by the Florida Supreme Court in Cash v. Smith, 465 So. 2d 1294 (Fla. 1st DCA 1985). Appellant alleges it received no notice of the entry of the lower tribunal’s final order until after the 30-day period for taking an appeal had passed.1 The order in question was rendered January 25, 1985. The notice of appeal was filed April 24, 1985. The motion for partial relinquishment of jurisdiction to allow the department to vacate and reenter the order in question is denied. Appellant has cited, and we have found, no authority for the proposition that an agency may vacate an order subsequent to the 30-day period for filing a notice of appeal. Since the notice of appeal was not timely filed as required by Rule 9.110(b), Fla.R.App.P., this court lacks jurisdiction over the cause and the appeal is dismissed. However, as in Cash v. Smith, supra, we certify the following question to be one of great public importance:
MAY THE APPELLATE JURISDICTIONAL TIME RESTRICTIONS BE EXTENDED BY STATE ACTION DEPRIVING A PARTY OF NOTICE OF THE ENTRY OF AN APPEALABLE ORDER?
Accordingly, this appeal is dismissed and the motion for stay is denied as moot.
BOOTH, WIGGINTON and BARFIELD, JJ., concur. . As in Cash v. Smith, supra, we assume the truth of appellant’s representation that it had received no notice of the entry of the final order. We recognize that in the event it is determined that appellant is entitled to relief, appointment of a commissioner to conduct fact finding proceedings may be necessary.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Earnest Mathis, Jr. v. Fla. Dep't OF Corr., 726 So. 2d 389 (Fla. 1st DCA 1999)…artment of Health and Rehabilitative Servs., 509 So. 2d 1267, 1268 (Fla. 1st DCA 1987) ("HRS has no jurisdiction to allow an untimely appeal of final agency action. See Upjohn Healthcare Services, Inc. v. Dept. of Health and Rehabilitative Seivices, 471 So. 2d 595, 596 (Fla. 1st DCA), pet. for review dismissed, 475 So. 2d 696 (Fla.1985). Accord City of Jacksonville v. St. Johns Bluff Utility Co., Inc., 480 So. 2d 130 (Fla. 1st DCA 1985), review dismissed, 488 So. 2d 538 (Fla.1986).”). These considerations do…
-
RHPC, Inc. v. Dep't OF Health & Rehabilitative Servs., 509 So. 2d 1267 (Fla. 1st DCA 1987)…erside, the earlier free-form denial of the CON by HRS took force and became final agency action. HRS has no jurisdiction to allow an untimely appeal of final agency action. See Upjohn Healthcare, Inc. v. Dept. of Health and Rehabilitative Services, 471 So. 2d 595, 596 (Fla. 1st DCA), pet. for review dismissed, 475 So. 2d 696 (Fla.1985). Accord City of Jacksonville v. St. Johns Bluff Utility Co., Inc., 480 So. 2d 130 (Fla. 1st DCA 1985), review dismissed, 488 So. 2d 538 (Fla.1986). Since appellant’s attempt…
-
Sulliman v. Dep't of Prof'l Reg., 474 So. 2d 3 (Fla. 1st DCA 1985)…e action below. We are constrained to hold that, the matter being jurisdictional, the appeal must be dismissed. Cash v. Smith, 465 So. 2d 1294 (Fla. 1st DCA 1985); Upjohn Healthcare Services, Inc. v. Department of Health and Rehabilitative Services, 471 So. 2d 595 (Fla. 1st DCA 1985). In accordance with the Cash and Upjohn decisions, we certify the following question to be one of great public importance: MAY THE APPELLATE JURISDICTIONAL TIME RESTRICTIONS BE EXTENDED BY STATE ACTION DEPRIVING A PARTY OF NOTI…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cash v. Sharyn L. Smith, 465 So. 2d 1294 (Fla. 1st DCA 1985)