SIXTO OLIVA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SIXTO OLIVA, APPELLANT,
STATE OF FLORIDA, APPELLEE
849 So. 2d 434
Florida District Court of Appeal, First District (2003)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of May 23, 2003, the Court has determined that it does not have jurisdiction to consider the appeal. Accordingly, the appeal is hereby dismissed for lack of jurisdiction.
WOLF C.J., WEBSTER and BENTON, JJ., concur.
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Fuller v. Dep't OF Educ., 927 So. 2d 28 (Fla. 1st DCA 2006)…assified to SES. The Department reversibly erred in modifying the ALJ’s factual findings because the findings are supported by CSE and the adversarial hearing before the ALJ complied with the dictates of Reinshuttle v. Agency for Health Care Admin., 849 So. 2d 434 (Fla. 1st DCA 2003). See § 120.67(1)(Z), Fla. Stat. Accordingly, we reverse the Department’s order and remand with instructions that the Department adopt the ALJ’s recommended order. REVERSED and REMANDED. LEWIS, J., concurs; ERVIN, J., concurs a…1 / 2
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Klein v. Dep't OF Educ., 908 So. 2d 1097 (Fla. 1st DCA 2005)…We agree. See Patz v. Dep’t of Health, 864 So. 2d 79, 81 (Fla. 3d DCA 2003). Appellant was clearly afforded the opportunity to seek remedies afforded him under chapter 120, Florida Statutes, see Reinshuttle v. Agency for Health Care Administration, 849 So. 2d 434 (Fla. 1st DCA 2003), but failed to pursue them. AFFIRMED. ERVIN, PADOVANO and THOMAS, JJ., concur.…