STATE OF FLORIDA, DEPARTMENT ETC.
v.
CHOICE PLUS, LLC

Fla. 1st DCA | 2019-02-11
No. 17-2036
Gerald Mann
263 So. 3d 304 Florida District Court of Appeal, First District (2019) Positive Treatment
Cited by 2 cases

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Holding

An administrative law judge lacks jurisdiction to award attorney's fees under section 120.595(1), Florida Statutes, once the petition has been dismissed, the case closed, and no motion for attorney's fees is pending.

Headnotes

[1] An administrative law judge lacks jurisdiction to award attorney's fees under section 120.595(1), Florida Statutes, after the petition has been dismissed and the case clo…

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Facts & Procedural History

The State of Florida, Department of Financial Services appealed a Final Order of the Division of Administrative Hearings. The disputed issue involved …

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Topics
Safe Harbor Period

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Opinion of the Court

February 11, 2019 PER CURIAM.

AFFIRMED. See State, Agency for Health Care Admin. v. Planned Parenthood of Sw. & Cent. Fla., Inc., 207 So. 3d 1032 (Fla. 1st DCA 2017; Bank of America v. Turkanovic, 204 So. 3d 595 (Fla. 1st DCA 2016) (holding trial court lacks jurisdiction to impose sanctions if the case is voluntarily dismissed within the safe harbor period in section 57.105(4), Florida Statutes, and before a motion for sanctions is filed); Town of Davie v. Santana, 98 So. 3d 262 (Fla. 1st DCA 2012) (holding that administrative law judge lacked jurisdiction to award attorney’s fees under section 120.595(1), Florida Statutes, once the petition was dismissed, the case was closed and no motion for attorney’s fees was pending).

B.L. THOMAS, C.J., and JAY and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Lori Lynn Jobe, Assistant General Counsel of the Department of Financial Services, Tallahassee, for Appellant. Michael J. Farrar of Michael J. Farrar, P.A., Aventura, for Appellee.

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Citator

Cited By

  • State v. Planned Parenthood OF Sw. & Cent. Fla., Inc., 207 So. 3d 1032 (Fla. 1st DCA 2017)
    …(Fla. 1st DCA 2008) (holding that compliance with discovery order to disclose petitioner’s wholly irrelevant financial information in a workers’ compensation claim would cause irreparable harm); cf. Bank of Am., N.A. v. Turkanovic, 2016 WL 7032965, 204 So. 3d 595 (1st DCA Dec. 1, 2016) (granting writ of prohibition and quashing trial court’s order compelling deposition of bank’s corporate representative “in furtherance of [r]espondent’s motion seeking an award of attorney’s fees as a sanction,” where the ban…
  • State v. Choice Plus, LLC, 263 So. 3d 304 (Fla. 1st DCA 2019)

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