PETER W. SPICER, APPELLANT,

v.

PERRY L. HARPER, APPELLEE

Citator

Cited By (13 total)

• Flo-Sun, Inc. v. Kirk, 783 So. 2d 1029 (Fla. 2001)
  …that the application of the doctrine of primary jurisdiction is a matter [*1038] of deference, policy and comity, not subject matter jurisdiction. See Gulf Pines Mem’l Park, 361 So. 2d at 699; St. Joe Paper Co. v. Florida Dep’t of Natural Resources, 536 So. 2d 1119, 1122 (Fla. 1st DCA 1988); Town of Ocean Ridge, 633 So. 2d at 87. Respondents’ arguments with regard to primary jurisdiction are two-fold. First, they assert that the doctrine does not apply because past agency errors have been so egregious and dev…
• Bankers Ins. Co. v. Fla. Residential Prop. & Cas. Joint Underwriting Ass'n, 689 So. 2d 1127 (Fla. 1st DCA 1997)
  …e statutory authority and in excess of its delegated powers, circuit court intervention is never justified unless agency action is unmistakably and irretrievably in excess of delegated powers. St. Joe Paper Co. v. Florida Dep’t of Natural Resources, 536 So. 2d 1119, 1124 (Fla. 1st DCA 1988). See also Department of Prof'l Regulation v. Marrero, 536 So. 2d 1094 (Fla. 1st DCA 1988), review denied, 545 So. 2d 1360 (Fla.1989); Florida Export Tobacco Co. v. Department of Revenue, 510 So. 2d 936 (Fla. 1st DCA), revie…
• Fla. Soc'y OF Newspaper Editors, Inc. v. The Fla. Pub. Serv. Comm'n, 543 So. 2d 1262 (Fla. 1st DCA 1989)
  …a prompt and expeditious manner.9 However, the Newspapers make no such claim in this case.10 Exhaustion of administrative remedies is a question of judicial policy, not jurisdiction. St. Joe Paper Company v. Florida Department of Natural Resources, 536 So. 2d 1119 (Fla. 1st DCA 1988). Judicial enforcement of the Public Records Law is implicitly authorized by section 119.11(1), which provides: “Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, givi…