HOMESTEAD-MIAMI SPEEDWAY, LLC
v.
CITY OF HOMESTEAD
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.
An administrative order is not rendered until a signed written copy is filed with the clerk of the lower tribunal, and an appeal of an unfiled order is premature and subject to dismissal for lack of jurisdiction.
[1] An administrative order is not rendered, and an appeal thereof is therefore premature and subject to dismissal for lack of appellate jurisdiction, until the signed writte…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An order is rendered when a signed written copy of the order is filed with the clerk of the lower tribunal. Fla. R. App. P. 9.020(i).”
Court's statement of the legal standard for when an administrative order becomes rendered and appealable.
Homestead-Miami Speedway appealed a final administrative letter order issued by the Florida Land and Water Adjudicatory Commission dated February 1, 2…
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 Final Administrative Order cases and more on FLexlaw
April 30, 2018 PER CURIAM.
The order to be reviewed by this appeal is a final administrative letter order of the Florida Land and Water Adjudicatory Commission, signed by the Secretary and dated February 1, 2018. However, because the order has not been rendered by the agency, the appeal is premature. An order is rendered when a signed written copy of the order is filed with the clerk of the lower tribunal. Fla. R. App. P. 9.020(i). Where an administrative order has not been filed with the agency clerk, the agency has not rendered its final order. Hill v. Div. of Ret., 687 So. 2d 1376, 1377 (Fla. 1st DCA 1997).
2
As Appellant acknowledges, the order to be reviewed has not been filed with the agency clerk. See Fla. R. App. P. 9.020(b) (defining “clerk” as “[t]he person or official specifically designated as such for the court or lower tribunal; if no person or official has been specifically so designated, the official or agent who most closely resembles a clerk in the functions performed”). Because the order was not filed, this Court lacks jurisdiction to review it.
DISMISSED. MAKAR, WINOKUR, and WINSOR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.