LOUIS SCLEASE, III, D/B/A SCLEASE CONSTRUCTION CO. # CG C036233, APPELLANT,
v.
CONSTRUCTION INDUSTRY LICENSING BOARD, APPELLEE
PER CURIAM.
Finding that a “Final Order” filed on October 9, 2003 “was not properly served,” the Construction Industry Licensing Board filed a “NOTICE OF REFILING OF FINAL ORDER,” on March 12, 2004. The NOTICE OF REFILING OF FINAL ORDER does not purport to be an order itself. While an agency has authority to vacate and reenter otherwise final orders in order to avoid due process problems, see Millinger v. Broward County Mental Health Div. And Risk Management, 672 So. 2d 24 (Fla.1996); Johnson v. Terry Hunt Construction Co., 878 So. 2d 1282 (Fla. 1st DCA 2004); Durando v. Palm Beach County, 719 So. 2d 1258 (Fla. 1st DCA 1998), the NOTICE OF REFILING OF FINAL ORDER does not purport to be such a superseding order. DISMISSED.
BENTON, BROWNING and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
German v. State of Fla. Dep't OF Revenue & Alicia Marie Saunders, 177 So. 3d 318 (Fla. 4th DCA 2015)…(holding that, in circumstances involving a due process violation, the administrative agency has the authority to reissue a final order despite the lack of a specific grant of such authority in chapter 120); Solease v. Constr. Indus. Licensing Bd., 881 So. 2d 98, 98 (Fla. 1st DCA 2004) (recognizing that “an agency has authority to vacate and reenter otherwise final orders in order to avoid due process problems”). As to appellant’s final argument, we affirm without further comment. Affirmed. STEVENS…
-
Filarski v. Reemployment Assistance Appeals Comm'n, 97 So. 3d 278 (Fla. 4th DCA 2012)…untimely due to the appellant’s negligence, reissuance is appropriate where the time to appeal expires before the appellant has notice that the agency has entered the final order.”) (Emphasis added.) See also Sclease v. Constr. Indus. Licensing Bd., 881 So. 2d 98, 98 (Fla. 1st DCA 2004) (citing Milling-er for the proposition that “an agency has authority to vacate and reenter otherwise final orders in order to avoid due process problems”). Millinger makes it clear that an administrative agency may vacate an…
-
U.S.A. Lending, Inc. v. State of Fla. Off. of Fin. Reg. (Fla. 1st DCA 2024)
Authorities Cited
- Mitchell v. State, 719 So. 2d 1258 (Fla. 1st DCA 1998)
- Millinger v. Broward Cnty. Mental Health Div. & Risk Mgmt., 672 So. 2d 24 (Fla. 1996)
- Johnson v. Terry Hunt Constr. Co. & Superior, 878 So. 2d 1282 (Fla. 1st DCA 2004)