MICHAEL A. BARFIELD, APPELLANT,
v.
DEPARTMENT OF STATE, DIVISION OF LICENSING, 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 the agency lacked jurisdiction to enter an order after an appeal was filed, and that order is therefore quashed.
Appellant sought a formal hearing from an administrative agency, which was initially denied. The agency later vacated its order and granted the hearin…
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 Confession Of Error cases and more on FLexlaw
PER CURIAM.
Michael A. Barfield appeals an order of the Department of State, Division of Licensing, which imposed an administrative fine. He argues that the agency improperly denied his request for a formal hearing pursuant to section 120.57(1), Florida Statutes.
The agency has now entered an order dated August 22, 1990, which vacated its earlier order and granted appellant the formal hearing he requested. The department moves for dismissal of this appeal, essentially contending the issues presented here are moot. Appellant has responded, stating no opposition to dismissal so long as his right to move for award of attorney’s fees and costs is preserved.
We find the agency lacked jurisdiction to enter the order of August 22 because of the pendency of this appeal, and the order is therefore quashed. We elect to treat the appellee’s motion as in the nature of a confession of error, and reverse and remand this cause for proceedings consistent with the Florida Administrative Procedure Act. Pure Fresh Enterprises, Inc. v. Division of Alcoholic Beverages and Tobacco, 519 So. 2d 676 (Fla. 1st DCA 1988); Sierra Club Committee on Political Education Florida Fund v. Florida Elections Commission, Department of State, 507 So. 2d 702 (Fla. 1st DCA 1987). Appellant may apply to the lower tribunal for an award of costs. He has not, however, stated any cognizable grounds for an award of attorney’s fees.
REVERSED.
SHIVERS, C.J., and JOANOS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sanchez v. Citizens Prop. Ins. Corp. (Fla. 4th DCA 2023)…rror and reverse the circuit court’s order. By previous order, we agreed with the homeowners’ response, and indicated we would treat the insurer’s motion to dismiss as a confession of error. See, e.g., Barfield v. Dep’t of State, Div. of Licensing, 568 So. 2d 493, 494 (Fla. 1st DCA 1990) (where, after the appellant’s appeal, the appellee agreed to the appellant’s requested relief, and the appellee then filed a motion to dismiss the appeal as moot, the appellate court elected to 2 treat the appellee’s motio…
-
Gonzalez v. State (11th Cir. Ct. App. Div. 2020)
Authorities Cited
- Sierra Club Comm. on Political Educ. Fla. Fund v. Fla. Elections Comm'n, 507 So. 2d 702 (Fla. 1st DCA 1987)
- Gulf Coast Home Health Servs. OF Fla., Inc. v. Dep't OF Health & Rehabilitative Servs., 519 So. 2d 676 (Fla. 1st DCA 1988)
- Pure Fresh Enters., Inc. v. Division of Alcoholic Beverages and Tobacco, 519 So. 2d 676 (Fla. 1st DCA 1988)