SIERRA CLUB COMMITTEE ON POLITICAL EDUCATION FLORIDA FUND, APPELLANT,
v.
FLORIDA ELECTIONS COMMISSION, DEPARTMENT OF STATE, STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellee filed a “motion to remand” in which it acknowledged that the appealed order imposing a $5600 fine for untimely filing of reports was inconsistent with current agency policy of imposing much lighter fines under circumstances such as those presented here. On consideration of this motion, appellee was directed to show cause why the motion should not be construed as a confession of error warranting reversal and remand for further proceedings in accordance with the matters raised in the motion.
In response, appellee agrees that the motion should be so construed. Therefore, the appealed order is reversed, and this cause is remanded for further proceedings.
REVERSED and REMANDED.
SMITH, SHIVERS, and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fla. High Sch. Activities Ass'n, Inc. v. Temple Baptist Church, Inc., 509 So. 2d 1381 (Fla. 1st DCA 1987)…ed, to interpret otherwise the effect of the ultimate signing of the blue waiver form would be to invite challenge on the grounds that the waiver provision is administered in a purely arbitrary, whimsical and capricious manner. See, Staten v. Couch, 507 So. 2d 702 (Fla. 1st DCA 1987); Lee v. Florida High School Activities Association, Inc., 291 So. 2d 636 (Fla. 3d DCA 1974). We, therefore, affirm the trial court’s final judgment enjoining FHSAA from requiring NFCS to forfeit the games in dispute and from decl…
-
Cortes v. State, 655 So. 2d 132 (Fla. 1st DCA 1995)…cretion is to be exercised. Otherwise the “lack of ... standards ... for the exercise of discretion vested under the ... rule renders it incapable of understanding ... and incapable of application in a manner susceptible of review.” Staten v. Couch, 507 So. 2d 702 (Fla. 1st DCA 1987). Because a reviewing “court shall not substitute its judgment for that of the agency on an issue of discretion,” § 120.68(12), Fla.Stat. (1993), an agency rule that confers standardless discretion insulates agency action from jud…
-
Pure Fresh Enters., Inc. v. Division of Alcoholic Beverages and Tobacco, 519 So. 2d 676 (Fla. 1st DCA 1988)…reat the agency’s motion for remand as a confession of error and the appealed order is reversed and remanded for further proceedings, see Sierra Club Committee on Political Education Florida Fund v. Florida Elections Commission, Department of State, 507 So. 2d 702 (Fla. 1st DCA 1987). BOOTH, THOMPSON and WIGGINTON, JJ., concur. . Although clearly not a proper part of the record on appeal, such an affidavit may accompany a motion, Rule 9.300(a), Florida Rules of Appellate Procedure.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence