Supreme Court of Florida _ No. SC14-1007 _ JOSEPH B. DOERR TRUST, et al., Petitioners, vs. CENTRAL FLORIDA EXPRESSWAY AUTHORITY, et al., Respondents. [November 5, 2015] LEWIS, J. This case is before the Court for review of the decision of the Fifth District Court of Appeal in Orlando/Orange County Expressway v. Tuscan Ridge, LLC (Tuscan Ridge II), 137 So. 3d 1154 (Fla. 5th DCA 2014). In the decision, the district court ruled upon a question that it certified to be of great public importance. We h..
744 So. 2d 1123 (1999) Patricia GUARENTE-DESANTOLO, Appellant, v. JOHN ALDEN LIFE INSURANCE COMPANY, a corporation, Appellee. No. 98-3092. District Court of Appeal of Florida, Fourth District. October 20, 1999. *1124 Dea Abramschmitt, West Palm Beach, and Jene P. Williams of Law Office of Liggio, Benrubi & Williams, P.A., West Palm Beach, for appellant. Anthony H. Pelle and Jill D. Levy of Katz, Barron, Squitero, Faust & Berman, P.A., Miami, for appellee. TAYLOR, J. Appellant sued John Alden Life..
550 So. 2d 1145 (1989) Daniel L. GINSBERG, and Marguerite Jeannean Winner, As Stockholder of Kanaki, Inc., Appellants, v. Theodore S. KEEHN, Michael M. Gilbert, and Albert Cohen, Appellees. Michael M. GILBERT, Appellant, v. Milton E. GRUSMARK, and Marguerite Jeannean Winner, As Stockholder of Kanaki, Inc., Appellees. Nos. 88-764, 88-766 and 88-2011. District Court of Appeal of Florida, Third District. August 29, 1989. On Motion for Rehearing October 17, 1989. *1146 Bernard Berman, Fort Lauderdale..
905 So. 2d 159 (2005) Roger B. THOMAS, Appellant, v. The STATE of Florida, Appellee. No. 3D04-1533. District Court of Appeal of Florida, Third District. February 9, 2005. Rehearing and Rehearing Denied July 13, 2005. Roger B. Thomas, in proper person. Charles J. Crist, Jr., Attorney General, and Erin Kinney, Assistant Attorney General, for appellee. Before GREEN, CORTIÑAS, and ROTHENBERG, JJ. Rehearing and Rehearing En Banc Denied July 13, 2005. PER CURIAM. Appellant, Roger B. Thomas, appeals the..
647 So. 2d 819 (1994) WEAVER OIL CO., Petitioner, v. CITY OF TALLAHASSEE, Respondent. No. 81917. Supreme Court of Florida. December 15, 1994. *820 Joe W. Fixel, Tallahassee, and Alan E. DeSerio and S. Cary Gaylord, Brigham, Moore, Gaylord, Schuster & Merlin, Tampa, for petitioner. Edwin R. Hudson and Scott W. Foltz, Henry, Buchanan, Mick, Hudson & Suber, P.A., Tallahassee, for respondent. Robert I. Scanlan, Asst. Atty. Gen., Tallahassee, amicus curiae, for Robert A. Butter-worth, Atty. Gen. OVERT..
Petitioners have filed a "Petition for Determination of Invalidity of Administrative Rule" under the authority of Section 120.56, Florida Statutes (1977). The case was assigned to the undersigned Hearing Officer by Order entered August 11, 1978. The final hearing was originally scheduled to be conducted on September 6, by notice dated August 14, 1978. Upon the stipulation of the parties, the final hearing was rescheduled to be conducted on September 12, 1978. The Jacksonville Transportation Authority filed a Motion to Intervene, which was granted by Order entered September 11, 1978. APPEARANCES For Petitioners: Kenneth G. Oertel Tallahassee, Florida For Respondent: Joe W Fixel Tallahassee, Florida For Intervenor: Robert M. Rhodes Tallahassee, Florida Petitioners contend that certain policies and practices of the Department of Environmental Regulation ("DER" hereafter) are in effect rules, which have not been properly promulgated as rules. Petitioners contend that the alleged effort to operate under rules which have not been properly promulgated constitutes an invalid exercise of delegated legislative authority. DER contends that Petitioners have erroneously classified the policies and practices, that they do not rise to the dignity of rules, and that they are consistent with rules that have been properly promulgated. The Intervenor supports the contentions of DER.Petitioners didn't prove DER's complex source permitting was a ""rule"" in the statutory meaning. Recommend dismissal of complaint.
