UNITED WATER FLORIDA, INC., APPELLANT,
v.
FLORIDA PUBLIC SERVICE COMMISSION, APPELLEE
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United Water Florida appealed a Public Service Commission decision denying rate relief, but filed its notice of appeal after the deadline set by a proposed agency action notice. The First District Court of Appeal relinquished jurisdiction to the PSC, requiring it to enter a formal final order before appellate jurisdiction could be properly invoked.
The court held that a formal written final order must be filed by the PSC to properly invoke appellate jurisdiction, as required by Section 120.52(7), Florida Statutes and Florida Rule of Appellate Procedure 9.020(h). The court relinquished jurisdiction to the PSC to enter such a final order within 20 days.
[1] A notice of appeal must be filed within 30 days of the rendition of an order to invoke appellate jurisdiction.
[2] An order is rendered when a signed, written order is filed with the clerk of the lower tribunal.
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Join FLexlaw to unlock all legal intelligence“Section 120.52(7), Florida Statutes, clearly contemplates that a written final order be filed with the clerk of the agency at a particular date and such a document filing is necessary to compute the time for filing of the appeal.”
Establishes that a formal written order must be filed to properly commence the appeal period.
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Join FLexlaw to unlock all legal intelligenceUnited Water Florida petitioned the PSC for variance from a rule and rate relief. On September 21, 1998, the PSC issued a notice of proposed agency ac…
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PER CURIAM.
Appellant United Water Florida, Inc. (UWF) petitioned the Public Service Commission for variance from a rule and rate relief. On September 21, 1998, the commission entered a notice of proposed agency action that the requested relief would be denied. The order further provided that a substantially affected party may petition for a formal proceeding. The order went on to provide that, in the absence of a request for such a proceeding, the order would become final on October 13, 1998. UWF did not petition for a hearing but filed a notice of appeal on November 10,1998.
Finding the question of its jurisdiction unclear, this court issued an order directing appellant to show cause why the appeal should not be dismissed because the notice of appeal was untimely. The appellant responded and explained the above described circumstances. Upon consideration of appellant’s arguments, the commission was asked to address the jurisdictional issues presented and directed to show cause why jurisdiction should not be relinquished for entry of a final order. In its response the commission states that the circumstances presented here, an appeal from an order where no hearing was requested, is virtually unknown in proceedings before it. According to appellee, entry of a second order to announce that a proposed agency action has become final where no hearing has been requested is an administrative inconvenience and almost always unnecessary.
We find, however, that entry of such an order is appropriate in the instant case.
Section 120.52(7), Florida Statutes, clearly contemplates that a written final order be filed with the clerk of the agency at a particular date and such a document filing is necessary to compute the time for filing of the appeal. Appellate jurisdiction is invoked by the filing of a notice of appeal within 30 days of rendition of the order and “[a]n order is rendered when a signed, written order is filed with the clerk of the lower tribunal.” Fla. R.App. P. 9.020(h). In the context of civil litigation arising from circuit court this court questioned the finality of an order which purported to become final at a later date without further judicial action. See Department of Transportation v. Post, Buckley, Schuh & Jernigan, 557 So. 2d 145 (Fla. 1st DCA 1990).
For the foregoing reasons, we deem it necessary that the Public Service Commission enter a final order in this cause and jurisdiction is relinquished to the agency for 20 days from the date of this order with directions to enter such an order. Thereafter this court will assume jurisdiction of the proceeding in this case number. See Fla. R.App. P. 9.110(m).
ERVIN, BOOTH and PADOVANO, JJ., concur.
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City OF Homestead v. Johnson, 760 So. 2d 80 (Fla. 2000)…al order's directions for requesting an appeal. We do note, however, that the better practice would be for the PSC to enter a separate final order to avoid this confusion in the future. See United Water Florida, Inc. v. Florida Public Serv. Comm’n., 728 So. 2d 1250 (Fla. 1st DCA 1999)(holding the PSC could not issue a notice of proposed agency action without a hearing and then allow the notice to become the final order if it went unchallenged). . This provision of chapter 366 remains intact and is applicable…
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Scott v. Women's Med. Grp., P.A., 837 So. 2d 577 (Fla. 1st DCA 2003)…rt resolves the conflict. See Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991). Additionally, an order that purports to become final at a later date is not final. See, e.g. United Water Florida, Inc. v. Florida Public Service Commission, 728 So. 2d 1250 (Fla. 1st DCA 1999); Ponton v. Gross, 576 So. 2d 910 (Fla. 1st DCA 1991). The instant order is not an appealable nonfinal order under rule 9.130(a)(4), because it contemplates a future final order, either granting or denying the appellants’ motion…
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Dieter Drewing v. Drewing, 802 So. 2d 1141 (Fla. 1st DCA 2001)…Having considered appellant’s response to this Court’s order, dated November 1, 2001, the appeal is hereby dismissed. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla.1974); United Water Florida, Inc. v. Florida Public Service Commission, 728 So. 2d 1250 (Fla. 1st DCA 1999); Klein v. Klein, 551 So. 2d 1235, 1235 (Fla. 3d DCA 1989). This dismissal is without prejudice to appellant’s right to file a timely notice of appeal once a final order has been entered. Appellant’s pending motion for extension o…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dep't OF Transp. v. Post, 557 So. 2d 145 (Fla. 1st DCA 1990)