GERALD A. LEWIS, AS STATE COMPTROLLER AND HEAD OF THE DEPARTMENT OF BANKING AND FINANCE, PETITIONER,
v.
LIFE SAVINGS AND LOAN ASSOCIATION (A PROPOSED STATE SAVINGS AND LOAN ASSOCIATION), RESPONDENT

Fla. 1st DCA | 1977-02-18
No. EE-456
BOYER, C. J., and RAWLS and SMITH, JJ., concur.
342 So. 2d 1031 Florida District Court of Appeal, First District (1977) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

The prayer of the interlocutory petition for review is denied without prejudice to consideration by the hearing officer of a motion pursuant to Fla.R.Civ.P. 1.280(c) for protection concerning depositions of the Comptroller and his staff, upon the Comptroller otherwise providing adequate discovery of legal and factual positions to be urged by the Comptroller on the issues to be tried before the hearing officer, evidence to be adduced by the Comptroller in support of those positions, and any criteria uniformly applied by the Comptroller in ascertaining the matters referred to in Sections 665.-704 and 665.031(5), Florida Statutes (1975).

BOYER, C. J., and RAWLS and SMITH, JJ., concur.

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  • McDONALD v. Dep't OF Banking & Fin., 346 So. 2d 569 (Fla. 1st DCA 1977)
    …ed, in another case, a hearing officer’s order authorizing prehearing discovery of any Department nonrule criteria for determining statutory qualifications for authority to establish a savings and loan institution. Lewis v. Life Sav. and Loan Ass’n, 342 So. 2d 1031 (Fla. 1st DCA 1977). Thus the APA infuses Section 120.-57(1) proceedings with concern for agency policy as well as for facts and law. The hearing officer, called to preside because the agency head is unavailable and factual issues must be resolved,…
  • Town OF Redington Shores v. Innocenti, 455 So. 2d 642 (Fla. 2d DCA 1984)
    …ould occur here if the second story were permitted, is not lawful. See Bixler v. Pierson, 188 So. 2d 681 (Fla. 4th DCA 1966). As in Bix-ler, appellant’s zoning code prohibits an extension of an existing nonconforming use. Johnston v. Orange County, 342 So. 2d 1031 (Fla. 4th DCA 1977), cited by appellee, is distinguishable. There the Fourth District Court of Appeal refused to disapprove a certain use of property where the record failed to establish that the use would be an extension of a nonconforming use whic…
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    …n for review is denied without prejudice for consideration by the hearing officer of a motion pursuant to Fla.R.Civ.P, 1.280(c) for protection under the same conditions as set forth in our prior opinion of Lewis v. Life Savings and Loan Association, 342 So. 2d 1031 (Fla. 1st DCA 1977). BOYER, C. J., and MILLS and ERVIN, JJ., concur.'…

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