LEWIS
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD

Fla. 1st DCA | 2024-02-21
No. 2023-1935
2024 FL 1699 Florida District Court of Appeal, First District (2024)

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Holding

A regulatory agency's motion for clarification and subsequent response regarding an adverse appeal order constitutes a concession of error warranting reversal and remand.


Headnotes

[1] A regulatory board's motion for clarification and accompanying response to an adverse appeal order may be treated as a concession of error, warranting reversal and remand…

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Facts & Procedural History

Curtis E. Lewis appealed a decision of the Construction Industry Licensing Board. The Board filed a joint motion for clarification on October 13, 2023…

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Opinion of the Court

February 21, 2024 PER CURIAM.

The Court treats the joint motion for clarification filed October 13, 2023, along with Appellee’s response filed December 11, 2023, as a concession of error by Appellee. See Stacey v. Dep’t of Pro. Regul., Bd. of Nursing Home Adm’rs, 547 So. 2d 241 (Fla. 1st DCA 1989). The Court reverses the order on appeal and remands the cause for further proceedings.

REVERSED and REMANDED. LEWIS, RAY, and KELSEY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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