JOHNSON SERVICE COMPANY, A WISCONSIN CORPORATION, AND WARREN G. HAHN, AN INDIVIDUAL, APPELLANTS,
v.
FLORIDA ELECTRICAL CONTRACTORS LICENSING BOARD, APPELLEE
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The court affirmed dismissal of plaintiffs' complaint seeking injunctive relief to compel the licensing board to administer an electrical contractors examination, holding that the complaint failed to allege sufficient facts of arbitrary and capricious conduct to invoke judicial jurisdiction.
A complaint seeking injunctive relief to compel a licensing board to administer an examination must allege specific facts demonstrating arbitrary and capricious conduct, not merely bald allegations of arbitrariness and qualification.
[1] Under Florida law, an injunctive remedy in licensing disputes is available only when the agency utterly failed to examine the applicant's qualifications or otherwise acte…
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Join FLexlaw to unlock all legal intelligenceJohnson Service Company and Warren G. Hahn sought an injunction requiring the Florida Electrical Contractors Licensing Board to administer the examina…
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PER CURIAM.
We affirm the trial court’s judgment dismissing plaintiffs-appellants’ second amended complaint and their action for injunction to require defendant-appellee licensing board to administer to plaintiffs the examination for electrical contractors. Chapter 468, Florida Statutes (1973).
Under the law existing when the controversy arose, an injunctive remedy in licensing disputes was available only when the agency utterly failed to examine into the applicant’s qualifications or otherwise acted arbitrarily and capriciously. Bay National Bank & Trust Company v. Dickinson, 229 So. 2d 302 (Fla. 1st DCA 1969); and Webster Groves Trust Company v. Saxon, 370 F. 2d 381 (8th Cir. 1966). Under present law, an administrative remedy is available, Chapter 120, Florida Statutes (Supp.1976), and the judicial remedy ordinarily is not. School Board of Leon County v. Mitchell, First DCA Case No. EE-64, opinion filed May 4, 1977, 346 So. 2d 562, not yet reported; and State ex rel. Dept. of General Services v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977).
Plaintiffs’ second amended complaint contains the bald allegation that the board acted arbitrarily in denying them admission to the examination and that plaintiffs were qualified, but it does not set forth allegations of the claimed arbitrariness sufficiently to invoke circuit court jurisdiction under the Dickinson, supra, rule.
AFFIRMED.
RAWLS, Acting C. J., and McCORD and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State of Fla. ex rel. Dep't OF Gen. Servs. v. Willis, 344 So. 2d 580 (Fla. 1st DCA 1977)
- The Sch. Bd. OF Leon Cnty. v. Mitchell, 346 So. 2d 562 (Fla. 1st DCA 1977)
- Webster Groves Tr. Co. v. Saxon, 370 F.2d 381 (8th Cir. 1966)
- BAY Nat'l Bank & Tr. Co. v. Dickinson, 229 So. 2d 302 (Fla. 1st DCA 1969)