RALPH L. STACEY, JR., APPELLANT,
v.
DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF NURSING HOME ADMINISTRATORS, APPELLEE
PER CURIAM.
We have for our consideration the parties’ “Joint Motion for Relinquishment of Jurisdiction and to Abate Appellate Proceedings.” Therein the parties agree that the agency’s order was entered in error and that appellant is entitled to a formal hearing pursuant to section 120.57(1), Florida Statutes. Rather than granting the motion, we find the proper remedy is to reverse and remand this cause for further proceedings in accordance with the Florida Administrative Procedure Act, see Martin County Liquors, Inc. v. Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, 539 So. 2d 8 (Fla. 1st DCA 1989); Cole v. Department of Professional Regulation, 502 So. 2d 481 (Fla. 1st DCA 1987).
Reversed.
BOOTH, WIGGINTON and BARFIELD, JJ., concur.
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Harris v. Fla. Dep't of Law Enf't, 625 So. 2d 1327 (Fla. 1st DCA 1993)…a Statutes. After the filing of the initial brief, the department moved for a relinquishment of jurisdiction, showing that the parties now agree that appellant is entitled to a formal hearing. As in Stacey v. Department of Professional Regulation, 547 So. 2d 241 (Fla. 1st DCA 1989), Martin County Liquors v. Department of Business Regulation, 539 So. 2d 8 (Fla. 1st DCA 1989) and Cole v. Department of Professional Regulation, 502 So. 2d 481 (Fla. 1st DCA 1987), we treat this motion as a confession of error an…
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CED Cap. Holdings, III, Ltd. v. Fla. Dep't OF Cmty. Affairs, 646 So. 2d 846 (Fla. 1st DCA 1994)…dministrative Hearings (DOAH) for a formal hearing. We elect to treat appellee’s motion for remand as a confession of error and reverse and remand' for further proceedings. Stacey v. Department of Professional Regulation, Bd. of Nursing Home Adm’rs, 547 So. 2d 241 (Fla. 1st DCA 1989). Appellant’s pending motions, insofar as they seek the same relief, are denied as moot. Appellant moves for an award of attorney’s fees pursuant to section 120.57(l)(b)10, Florida Statutes, arguing that the agency’s decision to…
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- Martin Cnty. Liquors, Inc. v. Dep't of Bus. Reg., 539 So. 2d 8 (Fla. 1st DCA 1989)
- Cole v. Dep't of Prof'l Reg., 502 So. 2d 481 (Fla. 1st DCA 1987)