Leon FL Administrative law, Constitutional and Environmental -- eLawyers

2D09-3773 Faulkner v. State (2010)

District Court of Appeal of Florida Filed: Nov. 10, 2010 Citations: 48 So. 3d 845

48 So. 3d 845 (2010) FAULKNER v. STATE. No. 2D09-3773. District Court of Appeal of Florida, Second District. November 10, 2010. DECISION WITHOUT PUBLISHED OPINION Affirmed.

7339, 7340 Barfield v. Atlantic Coast Line Railroad Company (1967)

District Court of Appeal of Florida Filed: Apr. 07, 1967 Citations: 197 So. 2d 545

197 So. 2d 545 (1967) John D. BARFIELD and Stanley Scally, Appellants, v. ATLANTIC COAST LINE RAILROAD COMPANY, the Atlantic Land & Improvement Company, and United States Rubber Co., Appellees. Nos. 7339, 7340. District Court of Appeal of Florida. Second District. April 7, 1967. Rehearing Denied May 5, 1967. *546 Robert Orseck and Norman S. Klein, of Nichols, Gaither, Beckham, Colson & Spence, Miami, for appellants. William R. Hapner, Jr., of Fowler, White, Collins, Gillen, Humkey & Trenam, Tampa..

2D03-5766 In Re JW (2004)

District Court of Appeal of Florida Filed: Dec. 10, 2004

890 So. 2d 337 (2004) In the Interest of J.W., a child. Department of Children and Family Services, Appellant, v. J.W., Appellee. No. 2D03-5766. District Court of Appeal of Florida, Second District. December 10, 2004. *338 Douglas Sherman of Department of Children and Families, Bartow, for Appellant. Maria C. Gallo of Buerger Law Firm, Bartow, for Appellee. SILBERMAN, Judge. The Department of Children and Family Services appeals an order denying its motion to place J.W., a dependent child, into a..

3D10-1274, 3D09-2843 Sky Development v. Vistaview Development (2010)

District Court of Appeal of Florida Filed: Jul. 07, 2010 Citations: 41 So. 3d 918

41 So. 3d 918 (2010) SKY DEVELOPMENT, INC., Appellant, v. VISTAVIEW DEVELOPMENT, INC., et al., Appellees. Nos. 3D10-1274, 3D09-2843. District Court of Appeal of Florida, Third District. July 7, 2010. Rehearing and Rehearing En Banc Denied August 27, 2010. *919 Norman Malinski, Aventura, for appellant. Buchbinder & Elegant, and Harris J. Buchbinder, for appellees. Before RAMIREZ, C.J., and CORTIÑAS and SALTER, JJ. PER CURIAM. Sky Development, Inc., appeals a final judgment following the dismissal ..

1D08-4154 Skoulaxenos v. Caldwell Theatre (2009)

District Court of Appeal of Florida Filed: Apr. 27, 2009 Citations: 7 So. 3d 539

7 So. 3d 539 (2009) SKOULAXENOS v. CALDWELL THEATRE. No. 1D08-4154. District Court of Appeal of Florida, First District. April 27, 2009. Decision without published opinion. Affirmed.

88609 Lane v. Chiles (1997)

Supreme Court of Florida Filed: Aug. 21, 1997 Citations: 698 So. 2d 260

698 So. 2d 260 (1997) Cecil LANE, et al., Appellants, v. Lawton M. CHILES, etc., et al., Appellees. No. 88609. Supreme Court of Florida. August 21, 1997. *262 Frank J. Santry and Victoria E. Heuler of Granger, Santry, Mitchell & Heath, P.A., Tallahassee, for Appellants. Robert A. Butterworth, Attorney General and Jonathan A. Glogau, Assistant Attorney General, Tallahassee; M.B. Adelson IV and Andrew J. Baumann, Assistant General Counsels, Tallahassee, on behalf of Florida Department of Environmen..

97-2359 Chiles v. State Employees Attorneys Guild (1998)

District Court of Appeal of Florida Filed: Jun. 03, 1998 Citations: 714 So. 2d 502

714 So. 2d 502 (1998) Lawton CHILES, as Governor of the State of Florida, Appellant/Cross-Appellee, v. STATE EMPLOYEES ATTORNEYS GUILD and Raymond J. Greene, Appellees/Cross-Appellants. No. 97-2359. District Court of Appeal of Florida, First District. June 3, 1998. Rehearing Denied July 13, 1998. *503 Robert A. Butterworth, Attorney General; Louis F. Hubener, Assistant Attorney General, and Gerald B. Curington, Assistant Deputy Attorney General, Tallahassee, for Appellant/Cross-Appellee. Thomas W..

00-003482 SAVE THE MANATEE CLUB, INC., vs JOSEPH B. WHITLEY, DIANE P. WHITLEY, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2000)

Division of Administrative Hearings, Florida Filed: Aug. 18, 2000

The issues in this proceeding are whether the petition for administrative hearing is barred by Sections 373.427(2)(c) and 120.569(2)(c), Florida Statutes (2000), or must be accepted by the agency pursuant to the judicial doctrine of equitable tolling. (All chapter and section references are to Florida Statutes (2000).)Person who filed untimely petition to contest permit is not entitled to equitable tolling under the Machules doctrine when adversarial party does not mislead or lull protesting party into inaction.

97-004209 DEPARTMENT OF ENVIRONMENTAL PROTECTION vs JORGE CABRERA (1997)

Division of Administrative Hearings, Florida Filed: Sep. 09, 1997

Whether Respondent violated Section 370.142(2)(c), Florida Statutes, and, if so, what penalty should be imposed.Parties stipulated to violation.

96-003553RU PERRY A. MCMAHON AND GEOFFREY COX vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Jul. 25, 1996

As provided in the notice of hearing, the issues for disposition in this proceeding are whether agency statements within a memorandum and notice of Final Executive Order issued by the Department of Environmental Protection on July 5, 1996 are rules subject to sections 120.535 and 120.54, Florida Statutes, and if so whether the statements violate those sections. 1/ Petitioners pled only a violation of section 120.54, Florida Statutes, and contend that the remedy they seek, a determination of the invalidity of the agency statements, is available without recourse to section 120.535, Florida Statutes. At hearing, the parties, including Petitioners, availed themselves of the opportunity to elicit evidence related to section 120.535, Florida Statutes.Agency statement reclassifying shellfish harvesting areas is a rule and unpromulgated it violated 120.535.

M. B. Adelson IV