DAVID S. KAHN, APPELLANT,
v.
STATE OF FLORIDA, OFFICE OF INSURANCE REGULATION, APPELLEE
Explore caselaw by topic → Browse Petition For Declaratory Statement cases and more on FLexlaw
PER CURIAM.
Appellant, David S. Kahn, appeals an order of the Office of Insurance Regulation (“OIR”) dismissing his petition for declaratory statement because OIR does not have substantive jurisdiction and the petition seeks approval or disapproval of conduct that already occurred. Because the appellant’s petition essentially challenges the correctness of OIR’s approved rate increase to his single-life, small group HMO plan, we agree with OIR that the petition for declaratory statement should be dismissed. See B.J.L. v. Department of Health and Rehabilitative Services, 558 So. 2d 1078 (Fla. 1st DCA 1990)(ruling that a “petition for declaratory statement under Section 120.565 is not the appropriate means to challenge agency decisions”). Therefore, we affirm, without prejudice to the appellant’s right to file a petition pursuant to sections 120.569 and/or 120.57, Florida Statutes.1
AFFIRMED.
DAVIS, PADOVANO and POLSTON, JJ., concur. . We do not comment on the legality of such a petition or any of the related issues.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Zureikat v. Alwad Al Shaibani, 944 So. 2d 1019 (Fla. 5th DCA 2006)…09, 1310 (Fla. 3d DCA 1980). Even if a statute of limitations applied, clear and convincing evidence showed that Zureikat concealed material facts with respect to his available assets and existing checking accounts. See Castro v. East Pass Enters., 881 So. 2d 699, 700 (Fla. 1st DCA 2004) (noting that estop-pel elements of false representation or concealment of material facts must be shown by clear and convincing evidence). Zureikat would be equitably estopped from asserting the statute of limitations because…
-
Am. Bankers Life Assurance Co. OF Fla. v. 2275 W. Corp., 905 So. 2d 189 (Fla. 3d DCA 2005)…sary for the trial court to rule on its equitable estoppel and equitable lien avoidances. We disagree. American Bankers’ own account of the parties' interactions demonstrates no claim of estoppel could be made. See Castro v. East Pass Enters., Inc., 881 So. 2d 699 (Fla. 1st DCA 2004)(''[t]he basic elements of estoppel include a false representation or concealment of material facts”). As to its claim that it is entitled to an equitable lien, the claim was untimely, having been made after the summary judgment h…
-
Hoffman v. State, 964 So. 2d 163 (Fla. 1st DCA 2007)…. 2d 867, 873 (Fla. 2d DCA 2006); Greenhut Constr. Co. v. Henry A Knott, Inc., 247 So. 2d 517, 524 (Fla. 1st DCA 1971). In addition, Appellant must prove the elements of estoppel by clear and convincing evidence. Castro v. E. Pass Enterprises, Inc., 881 So. 2d 699, 700 (Fla. 1st DCA 2004). We find that Appellant cannot establish the first element of equitable estoppel. The ALJ found that the Division did not make any false or misleading statement to her, either by misrepresenting material facts or failing to…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- B.J.L. v. Dep't of Health & Rehabilitative Servs., 558 So. 2d 1078 (Fla. 1st DCA 1990)