Amendments —
Small Scale — Found Not To Be In Compliance, ERISI-1.
Small Scale — Intervenor Has the Burden of Proof By a Preponderance of the Evidence, ERISI-2.
Small Scale — Presumption of Correctness, ERISI-3.
Burden of Proof (See Also Intervenors) — Preponderance of the Evidence — Original Parties & Intervenors, ERISI-4.
Challenge to City of Crestview Small Scale Plan Amendment — Intervenor, ERISI-5.
Challenge to Franklin County Comprehensive Plan Amendment — Intervenor —
Remedial Amendments Ordered, ERISI-6.
Challenge to Jacksonville Small Scale Plan Amendment, ERISI-7.
Challenge to Lee County Amendment to Plan — Intervenor, ERISI-8.
Challenge to Panama City Small Scale Comprehensive Plan Amendment — Intervenor, ERISI-9.
Challenge to Polk County — Intervenor — Small Scale Amendment Found Not To Be In Compliance, ERISI-10.
Challenge to Polk County Small Scale Plan Amendment, ERISI-11.
Challenge to Town of Pomona Park Small-Scale Comprehensive Plan Amendment — Amendment Found Not to Be In Compliance, ERISI-12.
Challenge to Wakulla Amendment of County’s Comprehensive Plan — Dept. Determination That Amendments Were Not In Compliance Affirmed, ERISI-13.
Coastal Management Statute Discussed, ERISI-14.
Comm. Does Not Conduct De Novo Review, ERISI-15.
Comm. Will Not Reweigh Evidence Presented At DOAH or Make Additional Fact Findings, ERISI-16.
Franklin County —
Comm. Finding That Amendments Are Not In Compliance & Order For Remedial Amendments Affirmed & Reversed In Part, ERISI-17.
Future Land Use Map —
163 & Rule 9J-5 Are Applicable, ERISI-18.
In Compliance —
Defined & Discussed, ERISI-19.
Local Governmental Action Presumed Correct — 120.57(1) Proceeding Is Not De Novo, ERISI-20.
Not In Compliance Determination Must Be Submitted to Administration Comm., ERISI-21.
Intensity —
Defined & Discussed, ERISI-22.
Internal Consistency —
Discussed, ERISI-23.
Found, ERISI-24.
Intervenors (See Also PRACTICE & PROCEDURE, Intervenors) —
Affected Person Defined, ERISI-25.
Burden of Proof — Fairly Debatable Standard Defined & Discussed, ERISI-26.
Comm. Has Substantive Jurisdiction Over Issue of Standing, ERISI-27.
Moot Issue When One of Multiple Intervenors Establishes, ERISI-28.
Standing — Petitioner Has Burden of Proof Regarding By a Preponderance of the Evidence, ERISI-29.
Standing of One (1) Intervenor Found to Moot Challenge to Another Intervenor’s Standing, ERISI-30.
Land Use Allocations — Maximum Allowable Densities Should Be Used, ERISI-31.
Local Governmental Action Presumed Correct — 120.57(1) Proceeding Is Not De Novo, ERISI-32.
Monroe County —
DOAH Finding of Proposed Rule Validity Affirmed, ERISI-33.
Request For DOAH-Conducted Evidentiary Hearing Denied, ERISI-34.
Requisite Data, Studies, etc., In Support of —
Best Available Data Found Not Utilized, ERISI-35.
New Data Can Be Considered At Final Hearing, ERISI-36.
Requisite Data, Studies, etc. In Support of, ERISI-37.
Protest University of South Florida Sarasota/Manatee Campus 1995 Master Plan — Crosley Site —
Remedial Amendments Ordered, ERISI-38.
Vital Need For Educational Facilities Found to Outweigh Public Interest In Protecting Entire Coastal Scrub Habitat, ERISI-39.
Sanctions For Failure to Make Substantial Progress Toward Completion of Year 10 Work Program Tasks —
Monroe County — 20% ROGO Allocation Reduction Not Imposed, ERISI-40.
University of Central Florida Amendment to 1995 Campus Master Plan —
Intervenor Protest — Remedial Amendments Ordered, ERISI-41.
University of Central Florida 2005-2015 Campus Master Plan —
Intervenor Protest — Remedial Amendments Ordered, ERISI-42.
Bond —
Order Determining Amount of Bond — Permit For Large Residential Development, ERISI-43.
Consistency of Land Development Regulation (LDR) With Local Comprehensive Plan —
Bay County —
Discouraged Activities to Promote Homeowner’s Quiet Use & Enjoyment of Property, ERISI-44.
Burden of Proof — Not Even Fairly Debatable Standard, ERISI-45.
Medley — DOAH Rejection of Challenge to Ordinance Permitting Expansion of a Non-Conforming Use Reversed, ERISI-46.
Medley, Town of —
Definition of “Public Facilities” Found Consistent, ERISI-47.
Petitioner’s Burden of Proof Examined, ERISI-48.
Escambia County —
Ordinance Allowing Signs On Temporary Construction Walls, ERISI-49.
Monroe County (See Also COMMUNITY AFFAIRS, Dept. of) —
Permit —
Density Build-Back Rights, ERISI-50.
Scope of DOAH Review Examined, ERISI-51.
Screened Porch/Elevated Deck/Trellis In Rear of Restaurant, ERISI-52.
Report For Fla. Land & Water Adjudicatory Comm. —
Bradock Community Development Dist., ERISI-53.
Community Development District —
Boundary Amendments Exceeding 190.046(1)(f)-(9) Limits Discussed, ERISI-54.
Petition to Amend Boundaries of the Tomoka Community Development Dist., ERISI-55.
Petition to Amend the Fiddler’s Creek Community Development Dist., ERISI-56.
Petition to Contract Circle Square Woods Community Development Dist., ERISI-57.
Petition to Contract the Capital Region Community Development Dist., ERISI-58.
Petition to Contract the Gateway Services Dist., ERISI-59.
Rule to Amend the Tuscany Community Development Dist., ERISI-60.
Rule to Establish Aberdeen Community Development Dist., ERISI-61.
Rule to Establish Arborwood Community Development Dist., ERISI-62.
Rule to Establish Bartram Springs Community Development Dist., ERISI-63.
Rule to Establish Bellago Community Development Dist., ERISI-64.
Rule to Establish Bexley Community Development Dist., ERISI-65.
Rule to Establish Coastal Lake Community Development Dist., ERISI-66.
Rule to Establish Cocohatchee Community Development Dist., ERISI-67.
Rule to Establish Concord Station Community Development Dist., ERISI-68.
Rule to Establish Connorton West Community Development Dist., ERISI-69.
Rule to Establish Crossings at Fleming Island Community Development Dist., ERISI-70.
Rule to Establish Double Branch Community Development Dist., ERISI-71.
Rule to Establish Durbin Crossing Community Development Dist., ERISI-72.
Rule to Establish Gateway Services Community Development Dist., ERISI-73.
Rule to Establish Hawk’s Haven Community Development Dist., ERISI-74.
Rule to Establish Huntington Hammocks Community Development Dist., ERISI-75.
Rule to Establish Kendall Creek Community Development Dist., ERISI-76.
Rule to Establish Lakewood Ranch Community Development Dist., ERISI-77.
Rule to Establish Madeira Community Development Dist., ERISI-78.
Rule to Establish Myakka Ranch Community Development Dist., ERISI-79.
Rule to Establish Palm Coast Park Community Development Dist., ERISI-80.
Rule to Establish Pioneer Community Development Dist., ERISI-81.
Rule to Establish Sarasota National Community Development Dist., ERISI-82.
Rule to Establish Six Mile Creek Community Development Dist., ERISI-83.
Rule to Establish Southeastern Community Development Dist., ERISI-84.
Rule to Establish Split Pine Community Development Dist., ERISI-85.
Rule to Establish Tern Bay Community Development Dist., ERISI-86.
Rule to Establish Tesoro Community Development Dist., ERISI-87.
Rule to Establish Three Creeks Community Development Dist., ERISI-88.
Rule to Establish Timucuan Community Development Dist., ERISI-89.
Rule to Establish Tolomato Community Development Dist., ERISI-90.
Rule to Establish Tomoka Community Development Dist., ERISI-91.
Rule to Establish Twin Creeks Community Development Dist., ERISI-92.
Rule to Establish Villages of Westport Community Development Dist., ERISI-93.
Rule to Establish Wiregrass Community Development Dist., ERISI-94.
Circuit Court Dismisses Suit Against Dept. Employee & Sheriff Personally —
Unauthorized Entry, Destruction of Trees, Arrest of Landowner — Affirmed, ERISI-95.
Citrus Canker —
Circuit Court Certification of a Class Affirmed, ERISI-96.
Circuit Court Certified One Class & Denied Certification to Another Class Seeking Severance Damages — Affirmed, ERISI-97.
Circuit Court Denial of Motion to Conduct Certification Hearing Quashed — Citrus Canker — Change of Venue, ERISI-98.
Circuit Court Order Enjoining Dept. From Destroying Trees Reversed, ERISI-99.
Circuit Court Order Requiring Dept. to Pay Costs of Providing Notice to Certified Class Approved, ERISI-100.
Immediate Final Order — Citrus Canker — Order to Destroy Trees Reversed, ERISI-101.
Immediate Final Order — Citrus Canker — Order to Destroy Trees Upheld, ERISI-102.
Legislative Limitation On Compensation to Availability of Appropriated Funds Does Not Excuse the State From Providing Just & Full Compensation, ERISI-103.
More Than Token Compensation Is Required When Trees Are Destroyed, ERISI-104.
Order On Motion For Rehearing: Patchen v. Agriculture & Consumer Services — Rehearing Denied/Certified Question to the Supreme Court, ERISI-105.
Scientific Studies Regarding Examined, ERISI-106.
Search Warrant — Duly Authorized Search Warrant Signature Stamp Is Acceptable Absent Misuse or Fraud, ERISI-107.
Search Warrant — Electronic Signature Is Acceptable, ERISI-108.
Supreme Court Declines Pass-Through Jurisdiction Finding That Pending Matters Should Be Resolved In District Court of Appeal, ERISI-109.
Supreme Court Holds That Destruction of Healthy Non-Commercial Residential Trees Compels State Reimbursement, ERISI-110.
Supreme Court Upholds Constitutionality of 581.184 & Dept. Search Warrant Procedures, ERISI-111.
Circuit Court Holding That Voluntary Annexation of Cement Kiln Property By City of Newberry Voided County Developer’s Agreement Affirmed, ERISI-112.
Circuit Court Strikes Landowner’s Motion For Attorney’s Fees In An Eminent Domain Action As Untimely, ERISI-113.
Appellate Court —
Agency Cannot Evade the Mandate of, ERISI-114.
Bond Validation Proceedings —
Limited Scope of Appellate Review — Collateral Issues Not Reached, ERISI-115.
Stormwater Utility Fee Validated, ERISI-116.
Caselaw From Out-of-State Jurisdictions Is Merely Persuasive & Not Binding, ERISI-117.
Certiorari —
Appellate Court Cannot Review Fact Findings Made Below, ERISI-118.
Court Sua Sponte Designates Appeal As, ERISI-119.
Departure From the Essential Requirements of Law Defined & Discussed, ERISI-120.
Dismissal of Suit Below Due to Untimely Filing of Initial Brief Quashed, ERISI-121.
Essential Requirements of Law Defined & Discussed, ERISI-122.
Fact Findings — Appellate Review of Is Extremely Limited, ERISI-123.
Granted — Incorrect Law Found to Have Been Applied In Proceedings Below, ERISI-124.
Review Is a Matter of Right & Is Akin to a Plenary Appeal, ERISI-125.
Review of Circuit Court Certiorari Review Is By Certiorari & Is Limited, ERISI-126.
Scope of Review Found to Be “Very Limited,” 07:054-J, ERISI-127.
Second Tier Review Is More Limited Than Circuit Court Review — Fact Findings Not Reached, ERISI-128.
Second Tier Review Is Not a Matter of Right, ERISI-129.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Found Lacking, ERISI-130.
Test For Discussed, ERISI-131.
Two (2) Indispensable Elements of, ERISI-132.
When Appropriate Discussed, ERISI-133.
Circuit Court —
Abatement of Proceeding —
Cannot Be Based On Matters Outside the Record, ERISI-134.
Bound By Appellate Caselaw, ERISI-135.
Certiorari —
Appellate Review of Is Even More Limited — Fact Findings Not Reviewed, ERISI-136.
Circuit Court Need Not Issue An Order to Show Cause or Respond If the Petition Does Not Demonstrate a Preliminary Basis For Relief, ERISI-137.
Competent Substantial Evidence Defined & Discussed, ERISI-138.
Competent Substantial Evidence In Support Leave Is Requisite — Quantity or Quality of Evidence Not Considered, ERISI-139.
Competent Substantial Evidence In Support Is Requisite & Found Lacking, ERISI-140.
Court Can Quash City Orders, ERISI-141.
Court Can Quash County Orders But May Not Direct Specific Action, ERISI-142.
Court Cannot Reweigh the Evidence, ERISI-143.
Court Defers to Governmental Special Expertise & Special Vantage Point, ERISI-144.
Decision Below Presumed Correct, ERISI-145.
Essential Requirement of Law — Defined & Discussed, ERISI-146.
Essential Requirement of Law — Violation of Found, ERISI-147.
Essential Requirements of Law — Departure From Discussed & Found, ERISI-148.
Essential Requirements of Law Defined & Discussed, ERISI-149.
First Tier Review Is a Matter of Right, ERISI-150.
For Review of Quasi-Judicial Action of Local Governmental Agencies Not Subject to the APA (120), ERISI-151.
Improper Notice of Appeal Treated As Timely Certiorari Petition, ERISI-152.
Issues Not Raised Below Cannot Be Reached, ERISI-153.
Limited Strictly to the Record of the Proceedings Below, ERISI-154.
Limited to the Record Below — Not De Novo, ERISI-155.
No Written Majority Opinion, ERISI-156.
Not the Proper Vehicle For Code Enforcement Bd. Appeals, ERISI-157.
Oral Argument Need Not Be Granted, ERISI-158.
Parameters of Examined, ERISI-159.
Presumption of Validity, ERISI-160.
Pro Se Petitioner — Dismissal of Petition Due to Defects Found Too Severe, ERISI-161.
Proper Vehicle For Review of Quasi-Judicial Decision, ERISI-162.
Record Is Limited to That Generated Below, ERISI-163.
Record-Based Review Procedure, ERISI-164.
Right Result For the Wrong Reason Must Be Upheld, ERISI-165.
Right Result For the Wrong Reasons May Be Affirmed, ERISI-166.
Scope of Review Found to Be “Very Limited,” 02:033, ERISI-167.
Single Vis. Multi-Judge Panels Discussed, ERISI-168.
Third Party Challenge — All Parties Aligned In the Trial Court With An Appealing Party Automatically Become Parties, ERISI-169.
Three (3) Part Standard of Review, ERISI-170.
Time Limit For Seeking — Calculation of, ERISI-171.
Time Limit For Seeking — Is Jurisdictional, ERISI-172.
Unavailable For Review of Constitutional Challenges, ERISI-173.
Unavailable For Review of Constitutionality of a Local Ordinance, ERISI-174.
Unavailable For Review of Facial Validity of Ordinance, ERISI-175.
Unavailable For Review of Local Governmental Legislative Action, ERISI-176.
Unavailable For Review of Local Governmental Licensing Decision, ERISI-177.
Utilization of Does Not Bar Suit Regarding Parallel Civil Claims, ERISI-178.
Wisdom of Underlying Public Policy Not Reached, ERISI-179.
Written Final Order Preferred But Not Required, ERISI-180.
Constitutional Challenges (See Also Circuit Court, Certiorari Unavailable For … Constitutional Challenges; CONSTITUTION (Fla.) (US)) —
Can Only Be Reached In Original – Not Appellate — Jurisdiction, ERISI-181.
Continuance —
Within the Discretion of the Trial Judge, ERISI-182.
Date of Rendition of a Final Judgment —
Circuit Court Denial of Motion to Vacate & Reenter a Final Judgment With a Confusing Date Stamp Reversed, ERISI-183.
Declaratory Judgment (See Also DECLARATORY STATEMENTS) —
Constitutional Challenges — Proper Vehicle For, ERISI-184.
Statute Regarding to Be Liberally Construed, ERISI-185.
Test For Legal Sufficiency of Petition For, ERISI-186.
Dismissal of Complaint —
Standard Governing Appellate Review, ERISI-187.
Exhaustion of Administrative Remedies (See Also Exhaustion of Administrative Remedies) —
As Applied Vis Facial Validity Constitutional Claims, ERISI-188.
Condition Precedent to Challenge, ERISI-189.
Deference to State Environmental Permitting Agencies Is Appropriate, ERISI-190.
Doctrine Found Applicable, ERISI-191.
Inapplicable If These Remedies Are Insufficient, ERISI-192.
Primary Jurisdiction of Administrative Agencies, ERISI-193.
Rule Challenges — Doctrine Is Applicable to, ERISI-194.
Injunction (See Also Injunction) —
Against Administrative Agency — Limitations Which Flow From Separation of Powers Doctrine Examined, ERISI-195.
An Equitable Remedy, ERISI-196.
Appellate Review — Abuse of Discretion Standard Is Utilized — Presumption of Correctness, ERISI-197.
Appellate Review — Abuse of Discretion Standard, ERISI-198.
Appellate Review — Presumption of Correctness, ERISI-199.
Bond Requirement, ERISI-200.
Circuit Court Denial of Affirmed, ERISI-201.
Circuit Court Denial of Permanent Injunction Reversed, ERISI-202.
Circuit Court Denial of Reversed, ERISI-203.
Circuit Court Denial of Temporary Injunction Affirmed, ERISI-204.
De Minimus Exception to Grant of Rejected, ERISI-205.
Denial of Affirmed, ERISI-206.
Denial of Reversed, ERISI-207.
Every Necessary Fact Should Be Clearly, Definitely & Unequivocally Alleged, ERISI-208.
Four (4) Part Test For Entitlement to, ERISI-209.
Governmental Agency Enjoys Diminished Burden of Proof, ERISI-210.
Grant of Affirmed, ERISI-211.
Grant of Does Not Create the “Law of the Case,” 04:085-J.
Grant of Reversed, ERISI-212.
Granted Then Dissolved, ERISI-213.
Granted, ERISI-214.
Petitioner Need Not Furnish the Specific Wording of the Injunction, ERISI-215.
Public Interest Test Discussed, ERISI-216.
Purpose of Examined, ERISI-217.
Standards Governing Grant of, ERISI-218.
Temporary — Appellate Review — Standard Governing, ERISI-219.
Temporary — Circuit Court Denial of Reversed, ERISI-220.
Temporary — Denial of Affirmed, ERISI-221.
Temporary — Denial of Reversed, ERISI-222.
Temporary — Denied, ERISI-223.
Temporary — Four (4) Part Test For, ERISI-224.
Temporary — Governmental Applicant — Establishment of Prima Facie Case, ERISI-225.
Temporary — Governmental Entity Enjoys a Presumption of Irreparable Harm — Grant of Affirmed, ERISI-226.
Temporary — Governmental Entity Enjoys a Presumption of Irreparable Harm, ERISI-227.
Temporary — Governmental Police Power — Presumption of Irreparable Harm, ERISI-228.
Temporary — Granted, ERISI-229.
Temporary — Nature of Examined, ERISI-230.
Temporary — Petition — Requirements For, ERISI-231.
Temporary — Reversed, ERISI-232.
Judgment —
Inadequate Vis. Inconsistent Verdict, ERISI-233.
Jurisdiction (See Also Jurisdiction) —
None to Override Jurisdiction of a Federal Agency, ERISI-234.
Only the Legislature Can Confer By General Law Only, ERISI-235.
Jury Trial —
Request For Stricken — DEP Enforcement Action, ERISI-236.
Right to Examined — Constitutional Challenge to Municipal Ordinance, ERISI-237.
Mandamus (See Mandamus)
Motion to Dismiss (See Also PRACTICE & PROCEDURE) —
Affirmative Defense Alone Cannot Provide a Basis For, ERISI-238.
Allegations Taken As True, ERISI-239.
Appellate Review Is De Novo, ERISI-240.
Inquiry Limited to Four (4) Corners of Complaint, ERISI-241.
Nonfinal Order (See Also Nonfinal Order) —
Allegedly Final Summary Judgment Found to Be Otherwise, ERISI-242.
Appellate Review Found Not Proper, ERISI-243.
Appellate Review Found Proper, ERISI-244.
Circuit Court Found to Lack Jurisdiction While Pending, ERISI-245.
Granted, ERISI-246.
Labeling As Final Judgment Found Not Dispositive, ERISI-247.
Standards Governing Review of, ERISI-248.
Oral Argument — Request For Denied, ERISI-249.
Prohibition (See Prohibition (Writ of))
Proposed Judgment —
Opposing Party Must Be Given An Opportunity to Comment, ERISI-250.
Rehearing —
Motion For Does Not Suspend Date of Rendition, ERISI-251.
Summary Judgment —
Appellate Review of Grant of Is De Novo, ERISI-252.
Burden of Proof Borne By Movant, ERISI-253.
Circuit Court Grant of Reversed, ERISI-254.
Found Appropriate, ERISI-255.
Found Inappropriate, ERISI-256.
Improper If Discovery Is Not Complete, ERISI-257.
Improper If There Are Disputed Issues of Fact, ERISI-258.
Moving Party’s Burden of Proof Examined, ERISI-259.
Requires Absence of Disputed Issues of Material Fact, ERISI-260.
When Appropriate Examined, ERISI-261.
Venue —
Found Appropriate, ERISI-262.
Code Enforcement Citation For Improper Reroofing of a Building —
Circuit Court Reverses Due to Departures From Essential Requirements of Law, ERISI-263.
Conclusion of Law (See Also PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Appellate Courts Defer to Construction Below Unless Clearly Erroneous, ERISI-264.
Appellate Review Is De Novo, ERISI-265.
Courts May Reverse Any Erroneous Conclusions of Law, ERISI-266.
Mixed Question of Fact & Law Discussed, ERISI-267.
Constitutional Challenges (See Also Circuit Court) —
Appellate Review Is De Novo, ERISI-268.
Ordinance — Facial Validity — Purely a Question of Law, ERISI-269.
Direct Appeal —
Unavailable For Review of Local Governmental Licensing Decision, ERISI-270.
Exhaustion of Administrative Remedies (See Also Circuit Court) —
Burden of Proof Is On Parties Seeking to Bypass Administrative Channels, ERISI-271.
Doctrine Found Applicable, ERISI-272.
Failure to Exhaust Remedies — Circuit Court Cannot Reach Merits of the Case, ERISI-273.
Extraordinary Remedies (See Also Mandamus; Prohibition (Writ of))
Fact Findings (See Also PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Adequacy of Fact Findings Below, ERISI-274.
Adequacy of Record of Proceedings Below Determinative of Availability of Further Review, ERISI-275.
Cannot Be Disturbed If Supported By “Some” Competent, Substantial Evidence, ERISI-276.
Competent Substantial Evidence Defined, ERISI-277.
Competent Substantial Evidence Found Lacking, ERISI-278.
Court Cannot Review Without a Transcript, ERISI-279.
Court Cannot Reweigh the Evidence, ERISI-280.
Court Cannot Usurp Fact-Finding Function, ERISI-281.
Court Rejects DOAH ALJ Findings After Referring Agency Accepts, ERISI-282.
Must Be Included In a Written Final Decision, ERISI-283.
Presumption of Correctness, ERISI-284.
Requisite Level of In Land Use Proceedings, ERISI-285.
Review of Is Constrained Without a Transcript of the Proceeding Below, ERISI-286.
Failure to Join Indispensable Party, ERISI-287.
Injunction (See Also Circuit Court) —
Appellate Review of Nonfinal Order Regarding Does Not Confer Plenary Jurisdiction to Review Other Matters, ERISI-288.
Denial of Affirmed, ERISI-289.
Standard Governing Grant of, ERISI-290.
Jurisdiction (See Also Circuit Court) —
Once Properly Established, Any Matter Affecting the Case May Be Considered, ERISI-291.
Law of the Case (Judicial Estoppel) (See Also PRACTICE & PROCEDURE, Res Judicata) —
Discussed & Found to Be Applicable, ERISI-292.
Self-Imposed Principle of Judicial Restraint, ERISI-293.
Local Ordinances (See Also CITY GOVERNMENT, Ordinance; COUNTY GOVERNMENT, Ordinance) —
Found Neither Vague Nor Overbroad, ERISI-294.
Mandamus —
Appellate Review Is Conducted According to An Abuse of Discretion Standard, ERISI-295.
Circuit Court Denial of Reversed, ERISI-296.
Common Law Remedy, ERISI-297.
Denied, ERISI-298.
Discretionary Authority Not Subject to, ERISI-299.
Failure to Join Indispensable Party, ERISI-300.
Grant of Affirmed, ERISI-301.
Grant of Reversed, ERISI-302.
Granted, ERISI-303.
Improper If Certiorari Is Available, ERISI-304.
Improper When Material Issues of Fact Exist, ERISI-305.
Issued, ERISI-306.
Laches Found to Be Inapplicable, ERISI-307.
May Be Used to Compel Performance of a Ministerial But Not a Discretionary Duty, ERISI-308.
May Be Used to Compel Proper Enforcement of Local Ordinances, ERISI-309.
Ministerial Duty Defined, ERISI-310.
Petition For Treated As Certiorari Petition Since the Challenge Was to a Quasi-Judicial Determination, ERISI-311.
Requirements For, ERISI-312.
Test For When Proper, ERISI-313.
Third Party Petition Challenging City Action Must Join Party to That Action, ERISI-314.
Mootness —
Appellate Court Finds Issue Moot, ERISI-315.
Claim That Appellants No Longer Own the Subject Property Found Beyond the Scope of Review, ERISI-316.
Motion For Continuance —
Appellate Review of Denial — Standard of Review, ERISI-317.
Irreparable Harm Defined & Discussed, ERISI-318.
Motion to Dismiss (See PRACTICE & PROCEDURE)
Motion to Recall Mandate Denied As Untimely, ERISI-319.
Nonfinal Order (See Also Circuit Court) —
Appellate Review Found Not Proper, ERISI-320.
Appellate Review Found Proper, ERISI-321.
DOAH Erroneous Conclusion of Law Outside An Agency’s Substantive Jurisdiction —
An Appeal Should Be Taken Directly to a District Court of Appeal, ERISI-322.
DOAH Ruling On Cost of Transcript, ERISI-323.
Denied, ERISI-324.
Repeal of Rule 9.130(a)(3)(C)(IV) Examined, ERISI-325.
Notice of Appeal —
Circuit Court Denial of Motion to Vacate & Reenter a Final Judgment With a Confusing Date Stamp Reversed, ERISI-326.
Cross Appeal — Time Limit Is Not Jurisdictional, ERISI-327.
Excusable Neglect (See PRACTICE & PROCEDURE, Formal Hearing (120.57(1)), Time Limit For Requesting Is Not Jurisdictional)
Filing of Considered Timely Despite Filing In the Wrong Court, ERISI-328.
Filing of Divests Agency Jurisdiction, ERISI-329.
Time Limit For Filing — Calculation of, ERISI-330.
Time Limit For Filing — Tolling of — Motion For Rehearing, ERISI-331.
Untimely Petition Cannot Be Considered, ERISI-332.
Penalty —
Court Will Not Review If Within Permissible Statutory Range, ERISI-333.
Preservation of Error For Appeal —
Issues Not Raised & Ruled On Below Cannot Be Reached, ERISI-334.
Prohibition (Writ of) —
Appellate Court Must Have Direct Review Jurisdiction, ERISI-335.
Circuit Court Grant of Quashed, ERISI-336.
Clear Absence of Subject Matter Jurisdiction Is Required, ERISI-337.
DEP Denial of Reversed — Disqualification of Secretary, ERISI-338.
Explanation of When It Is Appropriate, ERISI-339.
Granted, ERISI-340.
Petition For Denied, ERISI-341.
Prospective Nature of Examined, ERISI-342.
Record —
Appellant Has Duty to Provide, ERISI-343.
Court Reporter Loses Transcript of Hearing — New Trial Ordered, ERISI-344.
Importance of Adequate Record Discussed, ERISI-345.
Inadequate Record Found To Preclude Appellate Review, ERISI-346.
Matters Not Considered Below Cannot Be Included, ERISI-347.
Transcript of Hearing Below Found “Helpful” But “It Is Not Required,” 03:220-J.
Rehearing —
Motion For Granted, ERISI-348.
Relief —
Reviewing Court’s Decision May Be Mandatory, Prohibitory or Declaratory & Shall Provide Whatever Relief Is Appropriate, ERISI-349.
Remand —
Circuit Court Found to Have Exceeding Scope of, ERISI-350.
Rules of Appellate Procedure —
Statutes Regarding Are Merely Advisory — Only the Supreme Court Can Promulgate Valid Rules, ERISI-351.
Supercede All Conflicting Rules of Other Governmental Entities, ERISI-352.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Assertion of Standing Based On Generalized Interest In the Environment Found Lacking, ERISI-353.
Association —
Three (3) Part Test For, ERISI-354.
Unincorporated — Lacks Standing, ERISI-355.
Four (4) Part Test For, ERISI-356.
Narrower Than For Administrative Proceedings, ERISI-357.
Post-Judgment Intervention, ERISI-358.
Requirements Under 120.68(1) Are More Stringent Than For Administrative Proceedings, ERISI-359.
Sufficient Interest In Judiciable Controversy Must Be Demonstrated, ERISI-360.
Third Party Challenge to Rezoning — Found, ERISI-361.
Third Party Petition Dismissed For Lack of, ERISI-362.
Statutes (See Also CONSTITUTION (Fla.), Statutes) —
Agency Construction Will Not Be Overturned Unless Clearly Erroneous, ERISI-363.
Appellate Review of Circuit Court Interpretation Is De Novo, ERISI-364.
Stay —
Agency Has Broad Discretion Over Grants of, ERISI-365.
Automatic —
Lower Tribunal Should Rule On Motion For, ERISI-366.
Motion to Recuse Lower Tribunal From Ruling On Motion For Denied, ERISI-367.
Res Judicata Effect of the Decision Remains, ERISI-368.
Should Be Vacated Only Under the Most Compelling Circumstances, ERISI-369.
Vacated, ERISI-370.
Bond —
Factors to Be Taken In Account In Determining, ERISI-371.
Good & Sufficient Bond Defined & Discussed, ERISI-372.
Permit For Large Residential Development, ERISI-373.
Circuit Court Stay Quashed, ERISI-374.
Irreparable Harm Found Not Established, ERISI-375.
Standard of Agency Review, ERISI-376.
Supreme Court —
Conflict Jurisdiction, ERISI-377.
Pass-Through Jurisdiction Declined, ERISI-378.
Venue —
Burden of Proof Regarding, ERISI-379.
Columbia County Attorney —
Authority to Promulgate a Comprehensive Plan That Regulates Possession of Permitted Wildlife, ERISI-380.
Destin —
Authority to Regulate Conduct On the Dry Sand Beach Area, ERISI-381.
Ft. Lauderdale —
Authority of Code Enforcement Bd. to Reduce or Compromise a Fine Previously Imposed, ERISI-382.
North Port City Attorney —
Interpretation of Charter Amendment Referendum Involving a Tree Protection Provision Vis a Vis the Existing Ordinance, ERISI-383.
Northern Palm Beach County Improvement Dist. —
Authority to Disclose & Distribute Building Plans Exempt Pursuant to 119.07(3)(ee) For the Purpose of Competitive Bidding Found, ERISI-384.
Palm Beach County Attorney —
Authority of County to Maintain or Repair Privately-Owned Roads, ERISI-385.
Polk County Attorney —
Authority of Local Government Code Inspector to Conduct Administrative Inspections or Searches Without Consent or a Warrant, ERISI-386.
Ponce Inlet —
Available Funding For Construction of Bicycle Paths Examined, ERISI-387.
Punta Gorda City Attorney —
City Found to Be Without Authority to Require An Office of a State Agency to Obtain An Occupational License, ERISI-388.
Code Enforcement Officers — Authority of Volunteers to Serve As, ERISI-389.
S.W. Fla. Water Management Dist. Executive Director —
Use of An Electronic Bulletin Bd. By Basin Bd. Members to Discuss Decision Items, ERISI-390.
St. Johns County Attorney —
Authority of County to Levy Special Assessments For the Undergrounding of Electric Transmission Lines, ERISI-391.
Volusia County Soil & Water Conservation Dist. —
Not Authorized to Levy Ad Valorem Taxes Directly — May Do So Indirectly Through a Watershed Improvement Dist., ERISI-392.
Circuit Court Quashal of City Annexation Reversed —
Polk City Challenge On the Basis of Allegedly Exclusive Right to Provide Water & Wastewater Services, ERISI-393.
Circuit Court Quashes Voluntary Annexation, ERISI-394.
Circuit Court Construes Four (4) County Interlocal Agreement — Prohibition On Out-of-Region Waste, ERISI-395.
Circuit Court Affirms City Approval of Commercial Use Within Luxury Residential Condominium Development, ERISI-396.
Circuit Court Affirms Commercial Use Primarily Serving the General Public Reversed, ERISI-397.
Order On Motion For Relearning: Turnberry Isle Condominium Assoc., Inc., et al. v. Florida Pritikin Center, Inc., et al., ERISI-398.
Circuit Court Denial of Permanent Injunction Reversed, ERISI-399.
Exceptions to —
Remoteness From the Decision-Making Process, ERISI-400.
Staff Meetings, ERISI-401.
Circuit Court Summary Final Judgment Upholds Code Violation Lien Foreclosure On a Homestead Property —
Affirmed & Reversed In Part/Remanded, ERISI-402.
Circuit Court Partial Summary Judgment & Entry of An Injunction In Favor of Town Affirmed & Reversed In Part —
Expiration of Franchise Agreement With Fla. Power Corp, ERISI-403.
Code Enforcement Citation For Keeping More Than Five (5) Domestic Animals At a Residence —
Certiorari Granted/Order Imposing Penalty Quashed, ERISI-404.
Circuit Court Grants Motion For Rehearing: GLA & Assoc. v. Boca Raton, ERISI-405.
City Citation For Activities Seaward of Coastal Construction Control Line —
Circuit Court Summary Judgment In Favor of the City Affirmed, ERISI-406.
Code Enforcement Citation For Altering a Beach Dune Without a Permit Upheld, ERISI-407.
Ordinance Regulating Activities Seaward of the Coastal Construction Control Line Upheld As Constitutional, ERISI-408.
Circuit Court Stays Code Enforcement Action Against Restaurant For Construction of a Chickee Hut —
Writ of Prohibition Quashes Stay / Matter of Revocation of Occupational License Found Not At Issue, ERISI-409.
Circuit Court Affirmance of City Denial of Application For Planned Development Reversed, ERISI-410.
Annexation —
Circuit Court Affirms City Annexation Over County Challenge, ERISI-411.
Circuit Court Affirms Voluntary Annexation Over County Objection, ERISI-412.
Circuit Court Corrected Opinion: Brevard County v. City of Cocoa, ERISI-413.
Circuit Court Judgment Finding An Inverse Condemnation Affirmed, ERISI-414.
Circuit Court Partially Invalidates Local Firework Sales Regulation, ERISI-415.
Circuit Court Reverses City Denial of Site Plan Approval For a Subdivision, ERISI-416.
Inverse Condemnation Claim —
Prohibition On Commercial Development In Wetlands —
Circuit Court Summary Judgment In Favor of Developer Affirmed & Reversed In Part, ERISI-417.
Order On Motion For Rehearing or Clarification: DiChristopher v. Bd. of County Commissioners, ERISI-418.
Circuit Court Abates Action Challenging Eminent Domain Action to Expand Substance Abuse Treatment Facility, ERISI-419.
Circuit Court Affirms Operation of a U-Haul Rental & Drop-Off Business At a Gas Station As Being An Illegal Use, ERISI-420.
Circuit Court Denial of Constitutional Challenge to 2004 Statute Imposing Filing Fees When Prosecuting Local Ordinances Reversed, ERISI-421.
Circuit Court Denial of County Motion to Find a Nightclub Catering to Youth In Contempt of a Consent Injunction —
Appellate Court Affirms As to the Motion for Contempt But Reverses Regarding the Issue of Whether the Club Was a Public Nuisance, ERISI-422.
Circuit Court Denial of Lien Foreclosure Related to Code Enforcement —
Circuit Court Order to Subordinate County Lien to New Mortgage Reversed & Remanded, ERISI-423.
Circuit Court Finds That City & Landlord Were Required to Abide By a Stipulation Regarding a Permit & Finds the County In Contempt —
Appellate Court Affirms Binding Nature of Stipulation But Reverses As to the Finding of Contempt, ERISI-424.
Circuit Court Order Allowing Condemnation of a Church Property In Eminent Domain Affirmed, ERISI-425.
Local Comprehensive Plan —
Municipal Comprehensive Plans Must Be In Conformity With County Plan As Mandated By County Charter, ERISI-426.
Ordinance Imposing Annual Fees On Telecommunications Companies Utilizing County Rights-of-Way —
Circuit Court Invalidation of Fees Reversed, ERISI-427.