Subject Matter Index
Civil Law
Volume 32, Issues 1 - 51
January 5, 2007 - December 21, 2007
ABORTION
Minors--Parental notification--Judicial waiver--Denial--Findings--Maturity of minor 1DCA 2412b
Minors--Parental notification--Judicial waiver--Denial--Findings--Maturity of minor--Considerations--Failure to consult with experts 4DCA 2596e
Minors--Parental notification--Judicial waiver--Denial--Findings--Maturity of minor--Considerations--Minor's reliance on advice from boyfriend's parents 4DCA 2596e
Minors--Parental notification--Judicial waiver--Denial--Findings--Written findings and legal conclusions supporting denial of petition 4DCA 473c
ACCOUNTANTS
Breach of fiduciary duty--Advice concerning restructuring of parent and subsidiary corporations involving futile merger strategy--Dismissal--In pari delicto--Misconduct by corporate agent calculated to benefit agent and harm corporation 2DCA 1196a
Breach of fiduciary duty--Advice concerning restructuring or parent and subsidiary corporations involving futile merger strategy--Bankruptcy trustee's action on behalf of debtor corporations--Dismissal--Res judicata--Bankruptcy confirmation order--Causes of action expressly reserved
for later adjudication 2DCA 1196a
Breach of fiduciary duty--Aiding and abetting--Bankruptcy trustee's suit based upon assigned claims from debtor's creditors 2DCA 1196a
Malpractice--Advice concerning restructuring of parent and subsidiary corporations involving futile merger strategy--Dismissal--In pari delicto--Misconduct by corporate agent calculated to benefit agent and harm corporation 2DCA 1196a
Malpractice--Advice concerning restructuring or parent and subsidiary corporations involving futile merger strategy--Bankruptcy trustee's action on behalf of debtor corporations--Dismissal--Res judicata--Bankruptcy confirmation order--Causes of action expressly reserved for later
adjudication 2DCA 1196a
ADMINISTRATIVE LAW
Administration Commission--Exceptional student instruction--Hearings--Appointment of attorney to act as hearing officer 5DCA 667c
Administrative law judge--Findings--Rejection by agency 1DCA 147a; 1DCA 851d
Administrative law judge--Findings--Rejection by agency--Appeals--Standing--Law enforcement officer whose professional reputation and good moral character were impugned and who would have been vulnerable to investigation and discipline because of agency's substitute findings
1DCA 878a
Administrative law judge--Findings--Rejection by agency--Recharacterization of findings of fact as conclusions of law 1DCA 912b
Administrative law judge--Jurisdiction--Birth-Related Neurological Injury Compensation Plan--Notice to patient of participation in plan--Sufficiency of notice--Determination by administrative law judge SCO 24a
Administrative law judge--Witnesses--Expert--Determination of qualifications to express expert opinion 1DCA 912b
Agency for Health Care Administration--Appeals--Appealable orders--Letter from Agency declining to take action on petition for formal administrative hearing 1DCA 495b; 1DCA 495c; 1DCA
495d
Agency for Health Care Administration--Declaratory statements--Determination of applicability of Patient Self-Referral Act to oncology group licensee planned to create--Authority of AHCA to enter binding declaratory statement regarding application of statute at issue 1DCA 1124b
Agency for Health Care Administration--Declaratory statements--Substantially affected party--Hospitals--Determination of applicability of Patient Self-Referral Act to oncology group licensee planned to create--Issue affecting group's right to bill patients for services 1DCA 1124b
Agency for Health Care Administration--Medicaid--Enrollment as provider in Medicaid Program--Denial of request--Hearing 1DCA 283b
Agency for Health Care Administration--Medicaid--Fraud--Criminal prosecution--False statement or false representation of material fact--Constitutionality of statute SCO 464a
Agency for Health Care Administration--Medicaid--Medicaid Waiver Program--Brain and Spinal Cord Injury--Change in non-rule policy without rule-making or explication in the record--Change in interpretation of companion care 1DCA 1811a
Agency for Health Care Administration--Medicaid--Private-duty nursing--Reduction of benefits--Medically unnecessary care--Care which could be provided by parents 1DCA 1055a
Agency for Health Care Administration--Public Medical Assistance Trust Fund--Assessments--Calculation methodology 1DCA 2191a
Agency for Health Care Administration--Workers' compensation reimbursement dispute--Carrier's failure to respond to medical provider's petition to resolve dispute--Waiver of objections 1DCA 2716a
Agency for Persons with Disabilities--Dissatisfaction with service providers--Hearing--Absence of decision involving substantial interests 2DCA 1190a
Agency for Persons with Disabilities--Medicaid--Early and Periodic Screening, Diagnosis, and Treatment services--Personal care--Medical necessity 1DCA 2545a
Agency for Persons with Disabilities--Medicaid Waiver Program--Environmental accessibility adaptations--Denial 3DCA 1169d
Appeals--Appealable orders--Letter from Agency for Health Care Administration declining to take action on petition for formal administrative hearing 1DCA 495b;
1DCA 495c; 1DCA 495d
Appeals--Non-final orders--Discovery orders--Adequate remedy on appeal from final agency action 1DCA 1809e
Appeals--Non-final orders--Order which does not bring administrative adjudicative process to close 1DCA 1610c
Appeals--Review of agency action--Independent taxing district--Status as "agency" 5DCA 1741a
Appeals--Timeliness--Commencement of period--Amended final order 1DCA 1610c
Birth-Related Neurological Injury Compensation Plan--Exclusive remedy--Notice to patient of participation in plan--Sufficiency of notice--Determination by administrative law judge SCO 24a
Board of Dentistry--Licensing--Discipline--Failure to meet minimum standards of performance in diagnosis and treatment--Improper recordkeeping 1DCA 923d
Board of Medicine--Licensing--Discipline--De novo review of recommended order 3DCA 1724a
Board of Medicine--Licensing--Discipline--Failure to timely report disciplinary action against physician by foreign state--Physician unaware of disciplinary action 3DCA 1724a
Board of Medicine--Licensing--Revocation--Failure to keep proper medical records 3DCA 1881a
Board of Medicine--Licensing--Revocation--Failure to practice medicine with level of care, skill and treatment recognized by reasonably prudent similar physician 3DCA 1881a
Board of Medicine--Licensing--Revocation--Prescribing controlled substances other than in course of physician's professional practice 3DCA 1881a
Board of Nursing--Licensing--Discipline--Administrative law judge's findings--Appeals--Issue first raised 5DCA 966a
Board of Nursing--Licensing--Discipline--Cruel and unusual punishment--Fine and probation within range of penalties provided by disciplinary guidelines 5DCA 966a
Board of Nursing--Licensing--Discipline--Due process 5DCA 966a
Board of Nursing--Licensing--Discipline--Licensed practical nurse--Administering medications or treatments in negligent manner 5DCA 966a
Board of Nursing--Licensing--Discipline--Licensed practical nurse--Practicing beyond scope of license, educational preparation, or nursing experience 5DCA 966a
Board of Orthotists and Prosthetists--Rules--Definition of term "direct supervision" which licensed professional is required to exercise over unlicensed support personnel 1DCA 519a
Board of Professional Engineers--Licensing--Discipline--Increase in penalty recommended by administrative law judge 5DCA 487a
Board of Professional Engineers--Licensing--Discipline--Negligence--Rejection of administrative law judge's findings of fact and conclusions of law that negligence had not been proved--Findings supported by competent substantial evidence 1DCA 147a
Board of Professional Engineers--Licensing--Licensing by endorsement--Denial--Absence of engineering or technology degree from Florida state university 1DCA 1a
Board of Professional Engineers--Licensing--Revocation--Assisting unlicensed person in practice of engineering 5DCA 487a
Board of Professional Engineers--Licensing--Revocation--Sealing plans not prepared by, or under responsible supervision, direction or control of, engineer 5DCA 487a
Board of Professional Engineers--Practicing engineering without license--Finding of administrative law judge--Rejection 1DCA 851d
Board of Veterinary Medicine--Licensing--Discipline--Inadequate recordkeeping--Hearing--Waiver--Failure to timely file petition for hearing--Equitable tolling--Failure of licensee's counsel to timely file petition for hearing 4DCA 1776a
Board of Veterinary Medicine--Licensing--Discipline--Inadequate recordkeeping--Hearing--Waiver--Failure to timely file petition for hearing--Excusable neglect 4DCA 1776a
Board of Veterinary Medicine--Licensing--Discipline--Inadequate recordkeeping--Sanctions--Departure from disciplinary guidelines--Written findings 4DCA 1776a
Commission on Ethics--Attorney's fees--Award to public official where ethics complaint against official contained false accusations 5DCA 486b
Commission on Ethics--False accusations--Attorney's fees--Denial--Appeals--Standard of review 1DCA 2342h; 1DCA 2835b
Commission on Ethics--False accusations--Attorney's fees--Reimbursement of official for fees incurred in successfully defending ethics charges--Actual malice--Necessity to prove 1DCA 2342h; 1DCA 2835b
Construction Industry Licensing Board--Air conditioning contractor--Revocation--Failure to satisfy within reasonable time a judgment obtained against licensee relating to practice of profession 3DCA 1393c
Construction Industry Licensing Board--Construction Industries Recovery Fund--Restitution--Actual damages--Miscalculation 2DCA 627a
Construction Industry Licensing Board--Contractors--Discipline--Hearing--Waiver--Failure to respond within 21 days of receipt of administrative complaint--Equitable tolling--Advice from agency representative that licensee did not have to file election of rights form in addition to his
previous written submissions 5DCA 1183b
Construction Industry Licensing Board--Contractors--Hearing--Formal--Waiver--Failure to request within 21 days--Equitable tolling 4DCA 2334a
Construction Industry Licensing Board--Homeowner's Construction Recovery Fund--Award in amount less than judgment obtained by homeowner 2DCA 1571b
Construction Industry Licensing Board--License revocation--Appeals--Timeliness 1DCA 1810a
Contracts--Competitive bidding--Department of Management Services--Group vision insurance benefits--Bid protest--Override of statutory stay and continuation of procurement process--Necessity to avoid substantial disruption to provision of scheduled insurance services--Written findings--
Absence 1DCA 2044a
Declaratory statements--Agency for Health Care Administration--Determination of applicability of Patient Self-Referral Act to oncology group licensee planned to create--Authority of ACHA to enter binding declaratory statement regarding application of statute at issue 1DCA 1124b
Declaratory statements--Agency for Health Care Administration--Substantially affected party--Hospitals--Determination of applicability of Patient Self-Referral Act to oncology group licensee planned to create--Issue affecting group's right to bill patients for services 1DCA 1124b
Department of Administrative Hearings--Jurisdiction--Bid protest--Challenge to area agency on aging's award of contract for designation as lead agency pursuant to request for proposals 4DCA 1863a
Department of Agriculture and Consumer Services--Animal industry--Condemnation of cattle because of brucellosis outbreak--Indemnification--Denial--Cattle never presented for appraisal and testing 4DCA 285c
Department of Agriculture and Consumer Services--Citrus canker eradication program--Destruction of healthy noncommercial trees--Class action--Notice to class members--Costs--Payment by Department--Appeals--Certiorari 4DCA 100a
Department of Business and Professional Regulation--Licensing--Pari-mutuel wagering--Intertrack wagering--Prohibition--Holder of thoroughbred horse racing permit in area of state where there are at least three horse racing permit holders within 25 miles of each other--Constitutionality
of statute SCO 542a
Department of Children and Family Services--Cash assistance benefits--Reinstatement of suspended benefits 5DCA 2854a
Department of Children and Family Services--Incompetent defendant placed in secure facility after criminal charges have been dismissed--Transportation to court-ordered evaluations--Responsibility for transportation SCO 373a
Department of Children and Family Services--Licensing--Child care facility--Suspension--Emergency--Absence of immediate serious danger to public health, safety, or welfare 3DCA 1902a
Department of Children and Family Services--Medicaid--Institutional Care Program--Denial--Period preceding date income trust account was established--De facto trust account 4DCA 1133d
Department of Children and Family Services--Medicaid--Institutional Care Program--Denial--Period preceding date income trust account was established--Equitable estoppel 4DCA 1133d
Department of Children and Family Services--Medicaid--Institutional Care Program--Termination of payments--Excess income--Payments from long-term care insurance policy 3DCA 2534a
Department of Children and Family Services--Medicaid--Institutional Care Program benefits--Denial--Appeals--Filing of brief by daughter of claimant acting under claimant's power of attorney--Opportunity to file amended brief signed by mother or counsel or to file proof that daughter
is attorney licensed to practice in Florida 4DCA 608c
Department of Children and Family Services--Rules--Non-rule policy--Challenge to policy as de facto rule that has not been adopted under rulemaking procedures--Premature dismissal 1DCA 912a
Department of Children and Family Services--Sheltered children--Trust account for benefit of child containing funds received from Social Security Administration--Disbursement of funds in trust account directly to minor on minor's eighteenth birthday 5DCA 612a
Department of Children and Family Services--Trust accounts--Disbursement to client of money held in trust for client upon client attaining age 18--Federal preemption 5DCA 612a
Department of Community Affairs--Comprehensive plan--Amendment--Approval of amendment--Appeals--Standing--Adverse effect--Direct impact on real property--Necessity to show 4DCA 271a
Department of Community Affairs--Comprehensive plan--Amendment--Designation of county as service provider of freshwater and wastewater to unincorporated portions of county--Approval of amendment--Appeals--Standing--Independent special taxing district that provided such services
at time of amendment 4DCA 271a
Department of Community Affairs--Comprehensive plan amendment--Hearing--Standing--Land planner who did not live, own property, or have business address or business license in village, but who occasionally provided land-use related services for properties located in village 4DCA
172a
Department of Community Affairs--Municipal corporations--Development orders--Inconsistency with comprehensive plan 3DCA 1169c
Department of Corrections--Rules--Charge of inmate for copying services--Retroactive application of decision holding rule to be invalid 1DCA 1212b
Department of Education--Charter schools--Application--Board of Education's affirmance of county school board's denial of charter school application based on policies adopted by county 4DCA 394a
Department of Education--Charter schools--Review of school board decisions on charter school applications--Constitutionality 5DCA 2846a
Department of Elder Affairs--Area agency on aging--Contracts--Competitive bidding--Bid protest--Jurisdiction--Department of Administrative Hearings 4DCA 1863a
Department of Financial Services--Licensing--Insurance agent--Default--Opportunity to present evidence and argument 1DCA 120a; 1DCA 120b
Department of Financial Services--Rules--Unpromulgated rule--Investigator's recommendation that has not been acted upon 1DCA 2798a
Department of Financial Services--Rules--Unpromulgated rule--Legal memorandum prepared by Department's legal counsel 1DCA 2798a
Department of Financial Services--Workers' compensation--Penalties--Failure of employer to provide workers' compensation coverage--Classification code--Use of highest rated classification code where employer has failed to produce business records 1DCA 2839a
Department of Financial Services--Workers' compensation--Penalties--Failure of employer to provide workers' compensation coverage--Imputed payroll--Periods during which employees allegedly worked out of state 1DCA 2839a
Department of Financial Services--Workers' compensation--Penalties--Failure of employer to provide workers' compensation coverage--Uncovered employee--Volunteer 1DCA 2839a
Department of Health--Licensing--Chiropractor--Revocation--Attorney's fees--Applicable statute 1DCA 2620a
Department of Health--Licensing--Chiropractor--Revocation--Costs--Sufficiency of evidence 1DCA 2620a; 1DCA 2621a
Department of Health--Licensing--Chiropractor--Revocation--Guilty plea in federal court to charge of conspiracy to defraud health beneficiary program 1DCA 2620a
Department of Health--Licensing--Osteopathic physician--Suspension--Emergency--Violation of emergency restriction order prohibiting prescription of narcotic pain relievers 1DCA 2516a
Department of Health--Licensing--Physicians--Disciplinary investigation--Discovery--Peer review records from hospital where physician had staff privileges 2DCA 95a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Hardship license 1DCA 2915a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Hardship license--Elimination of hardship license--Ex post facto law 4DCA 10a;
4DCA 203c; 4DCA 231b;
4DCA 1598d
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Hardship license--Ignition interlock device--Requirement of installation of device for issuance of hardship license--Licensee who does not own vehicle and drives employer's vehicle 3DCA 1651b
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Ignition interlock device--Requirement of installation of device for issuance of hardship license--Licensee who does not own vehicle and drives employer's vehicle 3DCA 1651b
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Reinstatement--Denial--Appeals--Certiorari--Dismissal for failure to submit transcript of administrative hearing 5DCA 1796a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Reinstatement of permanently revoked license--Applicable version of statute 4DCA 10a;
4DCA 203c
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Reinstatement of revoked license 1DCA 2915a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Appeals--Certiorari--Timeliness of petition--Rendering of suspension order--Date of mailing entered on driver license record 1DCA 1027c
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Appeals--Issues not preserved for review by objection before hearing officer 1DCA 1264a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Attorney's fees--Appellate--Successful challenge to license suspension in circuit court 3DCA 2931a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Driving under influence--Appeals--Invalidation of suspension by circuit court based on failure of arresting officer to provide reason for failing to bring videotape of traffic stop and arrest to
hearing as directed by subpoena duces tecum--Issue not properly preserved for review by objection before hearing officer 1DCA 1264a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Driving under influence--Evidence--Breath test results--Intoxilyzer which had been found to be out of compliance with regulations but had not been repaired or taken out of service 3DCA 1072a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Hearing officers--Disqualification of all non-lawyer hearing officers from presiding over driver's license suspension proceeding--Prohibition--Jurisdiction--Scope--Reinstatement of driving privileges
which were automatically suspended following DUI arrests--Authority of court to order 4DCA 157a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Hearing officers--Disqualification of all non-lawyer hearing officers from presiding over driver's license suspension proceeding--Prohibition--Sufficiency of petition 4DCA 157a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Hearing officers--Requirement that agency prohibit communication between hearing officers and staff attorneys--Injunction--Absence of prayer for injunctive relief 4DCA 157a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Hearing officers--Requirement that agency prohibit communication between hearing officers and staff attorneys--Injunction--Irreparable harm 4DCA 157a
Department of Highway Safety and Motor Vehicles--Licensing--Driver's license--Suspension--Refusal to submit to breath test--Implied consent warning not in compliance with statute 4DCA 2155b
Department of law enforcement--Licensing--Law enforcement officers--Revocation of certificate--Lewd and lascivious conduct with child under age of sixteen--Evidence--Hearsay--Contract between officer and minor victim relating to sexual favors 3DCA 151a
Department of Management Services--Contracts--Group vision insurance benefits--Competitive bidding--Bid protest--Override of statutory stay and continuation of procurement process--Necessity to avoid substantial disruption to provision of scheduled insurance services--Written findings--
Absence 1DCA 2044a
Department of Management Services--Florida State Employees' Charitable Campaign--Allocation of undesignated funds--Challenge by charities and umbrella organizations that participated in campaign--Hearings--Formal--Agency's compliance with statutory hearing requirements--Mandamus
1DCA 1810c
Department of Management Services--Hearings--Formal--Compliance with statutory requirements--Petition by party with substantial interests raising both disputed issue of material fact and rule challenge--Mandamus 1DCA 1810c
Department of Revenue--Child support--Arrearages--Calculation--Findings--Absence 2DCA 1032a
Department of Revenue--Child support--Constitutionality of statute providing for administrative establishment of child support 3DCA 2763d
Department of Revenue--Child support--Failure to pay--Contempt--Vacation of order--Denial of motion--Transcript of hearing before hearing officer--Failure to provide 4DCA 1862b
Department of Revenue--Child support--Failure to pay--Contempt--Vacation of order--Requirement that court listen to electronic recording of proceedings before hearing officer 4DCA 1862b
Department of Revenue--Child support--Hearing--Findings of fact and recommendations of hearing officer--Oral pronouncement 4DCA 1862b
Department of Revenue--Child support--Jurisdiction--Administrative law judge--Answer disputing paternity and requesting DNA testing 3DCA 2763d
Department of Revenue--Child support--Paternity--Burden of establishing paternity 3DCA 2763d
Discovery--Protective order--Appeals--Adequate remedy on appeal from final agency action 1DCA 1809e
Division of Alcoholic Beverages and Tobacco--Licensing--Suspension or revocation--Misconduct by licensee--Sufficiency of evidence 1DCA 1909d
Division of Retirement--Deferred Retirement Option Program--"Employee" of Florida Retirement System employer--Factual finding--Independent finding by agency 1DCA 1929b
Division of Retirement--Eligibility for Florida Retirement System benefits--Employees of employee leasing company 3DCA 1884a
Division of Workers' Compensation--Stop work orders--Appeals--Exhaustion of administrative remedies 2DCA 1145c
Elections Commission--Rejection of administrative law judge's findings that law enforcement officer did not use influence to coerce employees to attend political rally--Appeals--Standing--Law enforcement officer--Substituted findings impugning officer's professional reputation and
good moral character and leaving him vulnerable to investigation and discipline 1DCA 878a
Environmental protection--Permits--Construction of dock extending into river--Challenge--Standing--Independent special district created for purpose of deepening and maintaining river for public good 4DCA 1270b
Environmental protection--Rules--Valid exercise of delegated legislative authority 3DCA 2652c
Final orders--Order which does not bring administrative adjudicative process to close 1DCA 1610c
Fish and Wildlife Conservation Commission--Rules--Net fishing--Size limitations on nets used for harvesting striped or silver mullet 1DCA 427a
Hearing officers--Department of Highway Safety and Motor Vehicles--Disqualification of all non-lawyer hearing officers from presiding over driver's license suspension proceeding--Prohibition--Jurisdiction--Scope--Reinstatement of driving privileges which were automatically suspended
following DUI arrests--Authority of court to order 4DCA 157a
Hearing officers--Department of Highway Safety and Motor Vehicles--Disqualification of all non-lawyer hearing officers from presiding over driver's license suspension proceeding--Prohibition--Sufficiency of petition 4DCA 157a
Hearing officers--Department of Highway Safety and Motor Vehicles--Requirement that agency prohibit communication between hearing officers and staff attorneys--Injunction--Absence of prayer for injunctive relief 4DCA 157a
Hearing officers--Department of Highway Safety and Motor Vehicles--Requirement that agency prohibit communication between hearing officers and staff attorneys--Injunction--Irreparable harm 4DCA 157a
Hearings--Agency for Persons with Disabilities--Dissatisfaction with service providers--Absence of decision involving substantial interests 2DCA 1190a
Hearings--Dismissal of petition for hearing--Absence of decision involving substantial interests 2DCA 1190a
Hearings--Formal--Absence of disputed material facts 3DCA 1393c
Hearings--Formal--Agency's compliance with statutory requirements--Petition by party with substantial interests raising both disputed issue of material fact and rule challenge--Mandamus 1DCA 1810c
Hearings--Formal--Department of Community Affairs--Comprehensive plan amendment--Standing--Land planner who did not live, own property, or have business address or business license in village, but who occasionally provided land-use related services for properties located in
village 4DCA 172a
Hearings--Formal--Inclusion of rule challenge along with allegations entitling petitioners to adjudicatory hearing 1DCA 1810c
Hearings--Formal--Waiver--Failure to request within 21 days--Equitable tolling 4DCA 2334a
Hearings--License suspension--Formal hearing--Waiver--Failure to respond within 21 days of receipt of administrative complaint--Equitable tolling--Advice from agency representative that licensee did not have to file election of rights form 5DCA 1183b
Hearings--Ruling on petition for formal hearing--Mandamus 1DCA 283b
Hearings--School boards--Exceptional student instruction--Parties--Division of Administrative Hearings 5DCA 667c
Hearings--Waiver--Failure to file written request within 21 days of written notice of agency decision 4DCA 1776a
Hearings--Workers' compensation reimbursement dispute--Carrier's failure to respond to medical provider's petition to resolve dispute--Waiver of objections 1DCA 2716a
Jurisdiction--Administrative agency--Boards--Area agency on aging 4DCA 1863a
Jurisdiction--Department of Administrative Hearings--Bid protest--Challenge to area agency on aging's award of contract for designation as lead agency pursuant to request for proposals 4DCA 1863a
Licensing--Board of Dentistry--Discipline--Failure to meet minimum standards of performance in diagnosis and treatment--Improper recordkeeping 1DCA 923d
Licensing--Board of Medicine--Discipline--De novo review of recommended order 3DCA 1724a
Licensing--Board of Medicine--Discipline--Failure to timely report disciplinary action against physician by foreign state--Physician unaware of disciplinary action 3DCA 1724a
Licensing--Board of Medicine--Revocation--Failure to keep proper medical records 3DCA 1881a
Licensing--Board of Medicine--Revocation--Failure to practice medicine with level of care, skill and treatment recognized by reasonably prudent similar physician 3DCA 1881a
Licensing--Board of Medicine--Revocation--Prescribing controlled substances other than in course of physician's professional practice 3DCA 1881a
Licensing--Board of Nursing--Discipline--Administrative law judge's findings--Appeals--Issue first raised 5DCA 966a
Licensing--Board of Nursing--Discipline--Cruel and unusual punishment--Fine and probation within range of penalties provided by disciplinary guidelines 5DCA 966a
Licensing--Board of Nursing--Discipline--Due process 5DCA 966a
Licensing--Board of Nursing--Discipline--Licensed practical nurse--Administering medications or treatments in negligent manner 5DCA 966a
Licensing--Board of Nursing--Discipline--Licensed practical nurse--Practicing beyond scope of license, educational preparation, or nursing experience 5DCA 966a
Licensing--Child care facility--Suspension--Emergency--Absence of immediate serious danger to public health, safety, or welfare 3DCA 1902a
Licensing--Construction Industry Licensing Board--Air conditioning contractor--Revocation--Failure to satisfy within reasonable time a judgment obtained against licensee relating to practice of profession 3DCA 1393c
Licensing--Construction Industry Licensing Board--License revocation--Appeals--Timeliness 1DCA 1810a
Licensing--Contractors--Discipline--Hearing--Waiver--Failure to respond within 21 days of receipt of administrative complaint--Equitable tolling--Advice from agency representative that licensee did not have to file election of rights form in addition to his previous written submissions
5DCA 1183b
Licensing--Contractors--Hearing--Formal--Waiver--Failure to request within 21 days--Equitable tolling 4DCA 2334a
Licensing--Contractors--Homeowner's Construction Recovery Fund--Award in amount less than judgment obtained by homeowner 2DCA 1571b
Licensing--Department of Health--Chiropractor--Revocation--Attorney's fees--Applicable statute 1DCA 2620a
Licensing--Department of Health--Chiropractor--Revocation--Costs--Sufficiency of evidence 1DCA 2620a; 1DCA 2621a
Licensing--Department of Health--Chiropractor--Revocation--Guilty plea in federal court to charge of conspiracy to defraud health beneficiary program 1DCA 2620a
Licensing--Department of Health--Osteopathic physician--Suspension--Emergency--Violation of emergency restriction order prohibiting prescription of narcotic pain relievers 1DCA 2516a
Licensing--Department of Health--Physicians--Disciplinary investigation--Discovery--Peer review records from hospital where physician had staff privileges 2DCA 95a
Licensing--Division of Alcoholic Beverages and Tobacco--Suspension or revocation--Misconduct by licensee--Sufficiency of evidence 1DCA 1909d
Licensing--Driver's license--Hardship license 1DCA 2915a
Licensing--Driver's license--Hardship license--Elimination of hardship license--Ex post facto law 4DCA 10a; 4DCA 203c; 4DCA 231b; 4DCA
1598d
Licensing--Driver's license--Hardship license--Ignition interlock device--Requirement of installation of device for issuance of hardship license--Licensee who does not own vehicle and drives employer's vehicle 3DCA 1651b
Licensing--Driver's license--Ignition interlock device--Requirement of installation of device for issuance of hardship license--Licensee who does not own vehicle and drives employer's vehicle 3DCA 1651b
Licensing--Driver's license--Reinstatement--Denial--Appeals--Certiorari--Dismissal for failure to submit transcript of administrative hearing 5DCA 1796a
Licensing--Driver's license--Reinstatement of permanently revoked license--Applicable version of statute 4DCA 10a; 4DCA 203c
Licensing--Driver's license--Reinstatement of revoked license 1DCA 2915a
Licensing--Driver's license--Suspension--Appeals--Certiorari--Timeliness of petition--Rendering of suspension order--Date of mailing entered on driver license record 1DCA 1027c
Licensing--Driver's license--Suspension--Appeals--Issues not preserved for review by objection before hearing officer 1DCA 1264a
Licensing--Driver's license--Suspension--Attorney's fees--Appellate--Successful challenge to license suspension in circuit court 3DCA 2931a
Licensing--Driver's license--Suspension--Driving under influence--Appeals--Invalidation of suspension by circuit court based on failure of arresting officer to provide reason for failing to bring videotape of traffic stop and arrest to hearing as directed by subpoena duces tecum--Issue
not properly preserved for review by objection before hearing officer 1DCA 1264a
Licensing--Driver's license--Suspension--Driving under influence--Evidence--Breath test results--Intoxilyzer which had been found to be out of compliance with regulations but had not been repaired or taken out of service 3DCA 1072a
Licensing--Driver's license--Suspension--Hearing officers--Disqualification of all non-lawyer hearing officers from presiding over driver's license suspension proceeding--Prohibition--Jurisdiction--Scope--Reinstatement of driving privileges which were automatically suspended following
DUI arrests--Authority of court to order 4DCA 157a
Licensing--Driver's license--Suspension--Hearing officers--Disqualification of all non-lawyer hearing officers from presiding over driver's license suspension proceeding--Prohibition--Sufficiency of petition 4DCA 157a
Licensing--Driver's license--Suspension--Hearing officers--Requirement that agency prohibit communication between hearing officers and staff attorneys--Injunction--Absence of prayer for injunctive relief 4DCA 157a
Licensing--Driver's license--Suspension--Hearing officers--Requirement that agency prohibit communication between hearing officers and staff attorneys--Injunction--Irreparable harm 4DCA 157a
Licensing--Driver's license--Suspension--Refusal to submit to breath test--Implied consent warning not in compliance with statute 4DCA 2155b
Licensing--Engineers--Discipline--Increase in penalty recommended by administrative law judge 5DCA 487a
Licensing--Engineers--Discipline--Negligence--Rejection of administrative law judge's findings of fact and conclusions of law that negligence had not been proved--Findings supported by competent substantial evidence 1DCA 147a
Licensing--Engineers--Licensing by endorsement--Denial--Absence of engineering or technology degree from Florida state university 1DCA 1a
Licensing--Engineers--Revocation--Assisting unlicensed person in practice of engineering 5DCA 487a
Licensing--Engineers--Revocation--Sealing plans not prepared by, or under responsible supervision, direction or control of, engineer 5DCA 487a
Licensing--Insurance--Insurance agent--Default--Opportunity to present evidence and argument 1DCA 120a; 1DCA 120b
Licensing--Law enforcement officers--Revocation of certificate--Lewd and lascivious conduct with child under age of sixteen--Evidence--Hearsay--Contract between officer and minor victim relating to sexual favors 3DCA 151a
Licensing--Pari-mutuel wagering--Intertrack wagering--Prohibition--Holder of thoroughbred horse racing permit in area of state where there are at least three horse racing permit holders within 25 miles of each other--Constitutionality of statute SCO 542a
Licensing--Real estate appraisers--Suspension 5DCA 1455c
Licensing--Real estate brokers and salespersons--Discipline--Increase in penalty during period when appellate court had relinquished jurisdiction for limited purpose of correcting final order 4DCA 1231a
Licensing--Real estate brokers and salespersons--Discipline--Increase in penalty recommended by administrative law judge 4DCA 1231a
Licensing--Real estate brokers and salespersons--Discipline--Requirement that licensee attend Real Estate Commission meetings 5DCA 481a
Licensing--Real estate brokers and salespersons--Discipline--Technical violations not involving defalcation--Eight-year suspension 4DCA 1231a
Licensing--Real estate brokers and salespersons--Suspension--Crime involving moral turpitude or fraudulent or dishonest dealing--Guilty plea with adjudication withheld 5DCA 481a
Licensing--Real estate brokers and salespersons--Suspension--Failure to inform Real Estate Commission in writing within 30 days of pleading guilty to felony 5DCA 481a
Licensing--Revocation--Hearings--Formal--Absence of disputed material facts 3DCA 1393c
Licensing--Suspension--Emergency--Child care facility--Absence of immediate serious danger to public health, safety, or welfare 3DCA 1902a
Licensing--Suspension--Emergency--Osteopathic physician--Violation of emergency restriction order prohibiting prescription of narcotic pain relievers 1DCA 2516a
Licensing--Veterinarians--Discipline--Inadequate recordkeeping--Hearing--Waiver--Failure to timely file petition for hearing--Equitable tolling--Failure of licensee's counsel to timely file petition for hearing 4DCA 1776a
Licensing--Veterinarians--Discipline--Inadequate recordkeeping--Hearing--Waiver--Failure to timely file petition for hearing--Excusable neglect 4DCA 1776a
Licensing--Veterinarians--Discipline--Inadequate recordkeeping--Sanctions--Departure from disciplinary guidelines--Written findings 4DCA 1776a
Medicaid--Early and Periodic Screening, Diagnosis, and Treatment services--Personal care--Medical necessity 1DCA 2545a
Medicaid--Enrollment as provider in Medicaid Program--Denial of request--Hearing 1DCA 283b
Medicaid--Fraud--Criminal prosecution--False statement or false representation of material fact--Constitutionality of statute SCO 464a
Medicaid--Institutional Care Program--Denial--Period preceding date income trust account was established--De facto trust account 4DCA 1133d
Medicaid--Institutional Care Program--Denial--Period preceding date income trust account was established--Equitable estoppel 4DCA 1133d
Medicaid--Institutional Care Program--Termination of payments--Excess income--Payments from long-term care insurance policy 3DCA 2534a
Medicaid--Institutional Care Program benefits--Denial--Appeals--Filing of brief by daughter of claimant acting under claimant's power of attorney--Opportunity to file amended brief signed by mother or counsel or to file proof that daughter is attorney licensed to practice in Florida
4DCA 608c
Medicaid--Medicaid Waiver Program--Brain and Spinal Cord Injury--Change in non-rule policy without rule-making or explication in the record--Change in interpretation of companion care 1DCA 1811a
Medicaid--Medicaid Waiver Program--Environmental accessibility adaptations--Denial 3DCA 1169d
Medicaid--Private-duty nursing--Reduction of benefits--Medically unnecessary care--Care which could be provided by parents 1DCA 1055a
Public employees--Collective bargaining--Bargaining unit--Full-time firefighter/EMT/paramedic and lieutenant, and on-call firefighters--Exclusion of part-time volunteers who do not meet definition of public employees 3DCA 105a
Public employees--Collective bargaining--Certification of bargaining agent--Interest statements--Statements in name of parent union--Showing of interest for petition filed by subsidiary local union 3DCA 105a
Public employees--Collective bargaining--Election--Notice--Adequacy 3DCA 105a
Public employees--Discipline--Mitigating factors--Marital strife and emotional turmoil--Law enforcement officers, correctional officers, firefighters, or professional health care providers 1DCA 1750b
Public employees--Dismissal--Reduction to suspension--Mitigating factors--Marital strife and emotional turmoil--Law enforcement officers, correctional officers, firefighters, or professional health care providers 1DCA 1750b
Public employees--Reinstatement 3DCA 780a
Public employees--Retirement--Beneficiary of deceased retiree--Notice of rights and responsibilities--Sufficiency 1DCA 1547a
Public employees--Retirement--Beneficiary of deceased retiree--Retroactive benefits--Denial--Estoppel--Agency employee leaving beneficiary with impression that she would be better off waiting until she reached certain age before receiving deceased spouse's retirement benefits 1DCA
1547a
Public employees--Retirement--Deferred Retirement Option Program--"Employee" of Florida Retirement System employer--Factual finding--Independent finding by agency 1DCA 1929b
Public employees--Retirement--Eligibility for Florida Retirement System benefits--Employees of employee leasing company 3DCA 1884a
Public Employees Relations Commission--Career service employees--Discipline--Increase in penalty recommended by hearing officer 1DCA 1750b
Public Employees Relations Commission--Career service employees--Dismissal--Reduction--Scope of discretion--Law enforcement officers, correctional officers, firefighters, or professional health care providers 1DCA 1750b
Public Employees Relations Commission--Collective bargaining--Bargaining unit--Full-time firefighter/EMT/paramedic and lieutenant, and on-call firefighters--Exclusion of part-time volunteers who do not meet definition of public employees 3DCA 105a
Public Employees Relations Commission--Collective bargaining--Certification of bargaining agent--Interest statements--Statements in name of parent union--Showing of interest for petition filed by subsidiary local union 3DCA 105a
Public Employees Relations Commission--Collective bargaining--Election--Notice--Adequacy 3DCA 105a
Public Employees Relations Commission--Reinstatement of employee 3DCA 780a
Public officials--Ethics violations--False accusations--Attorney's fees--Denial--Appeals--Standard of review 1DCA 2342h; 1DCA 2835b
Public officials--Ethics violations--False accusations--Attorney's fees--Reimbursement of official for fees incurred in successfully defending ethics charges--Actual malice--Necessity to prove 1DCA 2342h; 1DCA 2835b
Public Service Commission--Telephone companies--Rates--Incumbent local exchange carriers--Surcharges--Storm surcharge--Recovery of costs and repairs caused by named tropical storm--Discretionary review by Public Service Commission SCO 546a
Public Service Commission--Telephone companies--Rates--Incumbent local exchange carriers--Surcharges--Storm surcharge--Recovery of costs and repairs caused by named tropical storm--Offset--Cost which was or would be recouped through other means--Universal Service Fund payments
SCO 546a
Public Service Commission--Telephone companies--Rates--Incumbent local exchange carriers--Surcharges--Storm surcharge--Recovery of costs and repairs caused by named tropical storm--Reasonable costs--Costs which would have been incurred without storm SCO 546a
Public utilities--Telephone--Rates--Incumbent local exchange carriers--Surcharges--Storm surcharge--Recovery of costs and repairs caused by named tropical storm--Discretionary review by Public Service Commission SCO 546a
Public utilities--Telephone--Rates--Incumbent local exchange carriers--Surcharges--Storm surcharge--Recovery of costs and repairs caused by named tropical storm--Offset--Cost which was or would be recouped through other means--Universal Service Fund payments SCO 546a
Public utilities--Telephone--Rates--Incumbent local exchange carriers--Surcharges--Storm surcharge--Recovery of costs and repairs caused by named tropical storm--Reasonable costs--Costs which would have been incurred without storm SCO 546a
Real Estate Appraisal Board--Licensing--Suspension 5DCA 1455c
Real Estate Commission--Licensing--Real estate brokers and salespersons--Discipline--Increase in penalty during period when appellate court had relinquished jurisdiction for limited purpose of correcting final order 4DCA 1231a
Real Estate Commission--Licensing--Real estate brokers and salespersons--Discipline--Increase in penalty recommended by administrative law judge 4DCA 1231a
Real Estate Commission--Licensing--Real estate brokers and salespersons--Discipline--Requirement that licensee attend Real Estate Commission meetings 5DCA 481a
Real Estate Commission--Licensing--Real estate brokers and salespersons--Discipline--Technical violations not involving defalcation--Eight-year suspension 4DCA 1231a
Real Estate Commission--Licensing--Real estate brokers and salespersons--Suspension--Crime involving moral turpitude or fraudulent or dishonest dealing--Guilty plea with adjudication withheld 5DCA 481a
Real Estate Commission--Licensing--Real estate brokers and salespersons--Suspension--Failure to inform Real Estate Commission in writing within 30 days of pleading guilty to felony 5DCA 481a
Rules--Board of Orthotists and Prosthetists--Definition of term "direct supervision" which licensed professional is required to exercise over unlicensed support personnel 1DCA 519a
Rules--Department of Corrections--Charge of inmate for copying services--Retroactive application of decision holding rule to be invalid 1DCA 1212b
Rules--Department of Environmental Protection--Valid exercise of delegated legislative authority 3DCA 2652c
Rules--Fish and Wildlife Conservation Commission--Net fishing--Size limitations on nets used for harvesting striped or silver mullet 1DCA 427a
Rules--Non-rule policy--Challenge to policy as de facto rule that has not been adopted under rulemaking procedures--Premature dismissal 1DCA 912a
Rules--Prisoners--Petition by prisoner to initiate rulemaking under Administrative Procedure Act 1DCA 87c
Rules--Unpromulgated rule--Investigator's recommendation that has not been acted upon 1DCA 2798a
Rules--Unpromulgated rule--Legal memorandum prepared by agency's legal counsel 1DCA 2798a
School boards--Charter schools--Termination of charter--Due process--Administrative Procedure Act--Applicability 4DCA 1670a
School boards--Charter schools--Termination of charter--Due process--Notice and hearing 4DCA 1670a
School boards--Exceptional student instruction--Hearings--Parties--Division of Administrative Hearings 5DCA 667c
Special districts--Independent taxing district--Status as "agency" 5DCA 1741a
Unemployment compensation--see, UNEMPLOYMENT COMPENSATION
Witnesses--Expert--Qualifications to express expert opinion--Determination by administrative law judge 1DCA 912b
ADOPTION
Consent of natural parent--Unmarried, putative biological father who was not registered with Florida Putative Father Registry--Consideration of pending paternity action prior to addressing termination of parental rights and adoption proceedings SCO 455a
Consent of natural parent--Unmarried, putative biological father who was not registered with Florida Putative Father Registry--Notice to father SCO 455a
Denial--Child's best interest--Discretion of trial court to deny adoption despite finding that adoptive parents were fit to rear child 1DCA 2149a
Grandparents--Adoption of adult grandson in order to confer upon grandson entitlement to educational financial aid available to children of disabled veterans--Public policy 5DCA 2280a
Grandparents--Denial--Child's best interest--Denial of adoption petition filed by orphaned child's maternal grandparents who are deemed to be fit prospective parents--Ensuring paternal grandparents' involvement in child's life 1DCA 2760b
Grandparents--Denial--Child's best interest--Discretion of trial court to deny adoption despite finding that grandparents were fit to rear child 1DCA 2149a
Maternal aunt--Denial of application and permanent placement with long-time caregivers 3DCA 1429d
Public policy--Grandfather's adoption of adult grandson in order to confer upon grandson entitlement to educational financial aid available to children of disabled veterans 5DCA 2280a
Records--Exemption from public records disclosure--Scope--Civil litigation file--Biological mother's suit against adoptive parents and third parties involved in adoption 1DCA 879a
Termination of parental rights--Abandonment 1DCA 571a
Termination of parental rights--Biological father who had failed to properly file claim of paternity with Florida Putative Father Registry 2DCA 378a
Termination of parental rights--Least restrictive means--Abandonment of child by father who will be incarcerated for substantial portion of time before child reaches age 18 5DCA 613a
Termination of parental rights--Least restrictive means--Application of test in proceeding to terminate father's parental rights pending adoption by stepfather 5DCA 613a
Termination of parental rights--Notice 1DCA 571a
Termination of parental rights--Parent whose consent to adoption was not required--Unmarried, putative biological father who was not registered with Florida Putative Father Registry SCO 455a
Termination of parental rights--Putative father who had failed to properly file claim of paternity with Florida Putative Father Registry 2DCA 807c
Termination of parental rights--Termination of biological father's parental rights before those rights had been established in accordance with statutory procedures--Confirmation of previously entered order terminating parental rights after it was established that father was in fact father
of child 1DCA 571a
Termination of parental rights--Unmarried, putative biological father who was not registered with Florida Putative Father Registry SCO 455a
Virtual--Evidence--Sufficiency 2DCA 1955a
AGENCY
Corporations--Minority member of board of directors--Authority to act on behalf of corporation in retaining attorney 1DCA 2865a
Torts--Attorneys--Agent for insurer in attempting to prosecute plaintiff for workers' compensation fraud 5DCA 2727a
Torts--Attorneys--Agent for insurer in attempting to prosecute plaintiff for workers' compensation fraud--Factual issue 5DCA 2558a
Torts--Attorneys--Law firm's liability for acts of attorney 5DCA 2727a
Torts--Attorneys--Law firm's liability for acts of attorney--Scope of employment--Factual issue 5DCA 2558a
Torts--Maritime law--Cruise line's liability for negligence of cruise ship physician SCO 81a
Torts--Medical malpractice--Hospitals--Emergency room physician who was independent contractor 3DCA 2889a
Torts--Medical malpractice--University school of medicine's liability for negligence of surgeon--Jury finding that surgeon was not negligent 3DCA 1150a
AGRICULTURE
Cattle--Condemnation by state because of brucellosis outbreak--Indemnification--Denial--Cattle never presented for appraisal and testing 4DCA 285c
ANIMALS
Cattle--Condemnation by state because of brucellosis outbreak--Indemnification--Denial--Cattle never presented for appraisal and testing 4DCA 285c
ANTITRUST
Conspiracy in restraint of trade--Attorney's fees--Justiciable issues 4DCA 2251a
Damages--Violation resulting in cessation of operation of business--Lost profits/Market value of business 3DCA 2692a
APPEALS
Administrative--Appealable orders--Letter from Agency for Health Care Administration declining to take action on petition for formal administrative hearing 1DCA 495b;
1DCA 495c; 1DCA 495d
Administrative--Elections Commission--Rejection of administrative law judge's findings that law enforcement officer did not use influence to coerce employees to attend political rally--Standing to appeal--Law enforcement officer--Substituted findings impugning officer's professional
reputation and good moral character and leaving him vulnerable to investigation and discipline 1DCA 878a
Administrative--Municipal corporations--Code enforcement--Circuit court review of code enforcement board order--Dismissal of appeal--Initial brief filed one day late 1DCA 128a
Administrative--Non-final orders--Administrative order which does not bring administrative adjudicative process to close 1DCA 1610c
Administrative--Non-final orders--Discovery orders--Adequate remedy on appeal from final agency action 1DCA 1809e
Administrative--Review of agency action--Independent taxing district--Status as "agency" 5DCA 1741a
Administrative--Timeliness--Commencement of period--Amended final order 1DCA 1610c
Arbitration--Denial--Failure to appeal--Revival of right to appeal--Filing of renewed motion for arbitration 4DCA 604a
Arbitration--Denial--Stay of civil proceedings pending appeal of denial of motion for arbitration 4DCA 2920b
Arbitration--Order granting motion to vacate arbitration award and denying motion to reinstate previously vacated arbitration award 2DCA 610a
Attorney's fees--Law of the case 3DCA 1831c
Attorney's fees--Premature appeal--Award of fees without determination of amount 2DCA 1260a
Attorney's fees--Prevailing party--Substantial issues--Absence of transcript 5DCA 1741b
Belated--Civil case 1DCA 990c
Bifurcation of trial--Preservation of issue 3DCA 540b
Brief--Initial brief--Failure to file timely initial brief--Commencement of period--Specific date in appellate notice letter from court 5DCA 2619a
Brief--Initial brief--Failure to file timely initial brief--Dismissal of appeal--Penalizing client for error of counsel 5DCA 2619a
Brief--Initial brief--Striking--Brief in violation of Rules of Appellate Procedure 3DCA 533a
Brief--Initial brief--Timeliness--Commencement of period 1DCA 128a
Brief--Initial brief--Timeliness--Enlargement of period--Five-day mailing period--Applicability--Brief required to be filed by date certain 1DCA 128a
Certiorari--Adequate remedy on appeal 5DCA 2455b
Certiorari--Assignment of civil appeals from county court--Circuit court order inconsistent with provisions of local rule of court 2DCA 2674a; 2DCA 2675a
Certiorari--Circuit court order dismissing appeal for failure to file initial brief--Departure from essential requirements of law 5DCA 2496a
Certiorari--Circuit court review of city's denial of zoning variance--Oral argument 3DCA 1155a
Certiorari--Circuit court review of city's denial of zoning variance--Order to show cause--Failure to demonstrate preliminary basis for relief 3DCA 1155a
Certiorari--Circuit court review of county commissioners' zoning decision--Due process--Single judge rather than three-judge panel deciding certiorari petition 2DCA 2450a
Certiorari--Circuit court review of decision of administrative hearing officer--Entry of judgment on merits 1DCA 2870a
Certiorari--Circuit court review of decision of administrative hearing officer--Scope of review 1DCA 2870a
Certiorari--Circuit court review of of denial of driver's license reinstatement--Dismissal of petition for review for failure to submit transcript of administrative hearing 5DCA 1796a
Certiorari--City code enforcement order--Timeliness of petition--Tolling of period--Motion for rehearing--Unauthorized motion 5DCA 2897b
Certiorari--Class actions--Notice to class members--Costs--Payment by party opposing existence of class 4DCA 100a
Certiorari--Dependent children--Non-final order denying reunification--Failure to demonstrate a departure from essential requirements of law causing material injury that could not be remedied on final appeal 4DCA 1958b
Certiorari--Discovery orders--Adequate remedy on appeal--Non-party 2DCA 1039a
Certiorari--Discovery orders--Order denying motion to compel discovery 1DCA 335b
Certiorari--Discovery orders--Order denying motion to compel discovery--Adequate remedy on appeal 4DCA 1525a
Certiorari--Discovery orders--Overly broad order 3DCA 1691a
Certiorari--Discovery orders--Protective order--Departure from essential requirements of law that would cause material injury throughout remaining proceedings and that could not be remedied by appeal 5DCA 1658c
Certiorari--Discovery orders--Work product--Proper presentation to and consideration of claim by trial court 2DCA 1586a
Certiorari--District court review of decision of circuit court in appellate capacity--Application of incorrect law 3DCA 1074b
Certiorari--District court review of decision of circuit court in its appellate capacity 5DCA 80b
Certiorari--District court review of decision of circuit court in its appellate capacity--Assignment of civil appeals from county court in manner inconsistent with provisions of local rule of court 2DCA 2674a; 2DCA 2675a
Certiorari--District court review of decision of circuit court in its appellate capacity--Challenge to administrative practice based on administrative order--Assignment of judicial cases 2DCA 2674a
Certiorari--District court review of decision of circuit court in its appellate capacity--Circuit court order affirming city commission action--Departure from terms of prior appellate court ruling in proceedings on remand 3DCA 2473b
Certiorari--District court review of decision of circuit court in its appellate capacity--Circuit court order denying challenge to site plan approval--Scope of review 4DCA 2702a
Certiorari--District court review of decision of circuit court in its appellate capacity--Circuit court order dismissing appeal for failure to file initial brief--Departure from essential requirements of law 5DCA 2496a
Certiorari--District court review of decision of circuit court in its appellate capacity--Material injury which cannot be remedied on postjudgment review--Utilization of improper process for assignment of judicial cases 2DCA 2674a
Certiorari--Expert witness fees--Denial 3DCA 2231e
Certiorari--Guardianship--Denial of motion to discharge temporary emergency guardian--Standing--Attorney whose request to be substituted as attorney for ward had been denied by lower court 4DCA 1832b
Certiorari--Guardianship--Denial of motion to dismiss guardianship proceedings for lack of jurisdiction--Standing--Attorney whose request to be substituted as attorney for ward had been denied by lower court 4DCA 1832b
Certiorari--Irreparable harm--Failure to show 4DCA 1293e
Certiorari--Irreparable harm--Time, inconvenience, potential difficulty, and expense associated with order granting leave to amend complaint to add numerous new plaintiffs 2DCA 2140a
Certiorari--Jurisdiction--Challenge to administrative practice based on administrative order--Assignment of judicial cases 2DCA 2674a
Certiorari--Jurisdiction--Material injury which cannot be remedied on postjudgment review--Utilization of improper process for assignment of judicial cases 2DCA 2674a
Certiorari--Licensing--Driver's license suspension--Timeliness of petition--Rendering of suspension order--Date of mailing entered on driver license record 1DCA 1027c
Certiorari--Municipal corporations--Development orders--Site plan approval--Alternative site plan--District court review of order of circuit court denying challenge to site plan approval--Scope of review 4DCA 2702a
Certiorari--Non-final sanction order excluding a witness and striking a defense--Adequate remedy on appeal 5DCA 2455b
Certiorari--Notice of appeal as jurisdictionally sufficient petition for writ of certiorari 3DCA 2233b
Certiorari--Order denying motion to discharge lis pendens--Action not founded on duly recorded instrument 5DCA 2030a
Certiorari--Order denying motion to dismiss count claiming equitable lien 5DCA 2030a
Certiorari--Order granting partial summary judgment on liability 5DCA 551a
Certiorari--Order imposing sanctions--Adequate remedy on appeal 3DCA 952a
Certiorari--Public records--Denial of request 1DCA 2461b
Certiorari--Timeliness of petition--Extension of period--Closure of court for Christmas and New Year's holidays 4DCA 992a
Certiorari--Timeliness of petition--Relevant order received on twenty-fourth day after rendition 5DCA 2455a
Certiorari--Timeliness of petition--Review of city code enforcement order--Tolling of period--Motion for rehearing--Unauthorized motion 5DCA 2897b
Certiorari--Violation of clearly established law--Municipal ordinance 3DCA 2434a
Certiorari--Zoning--Facial challenge to constitutionality of floor area ratio ordinance of city's zoning code 3DCA 2473b
Child support--Order establishing child support 3DCA 2935a
Circuit court acting in appellate capacity--Review of city's denial of zoning variance--Oral argument 3DCA 1155a
Circuit court acting in appellate capacity--Review of city's denial of zoning variance--Order to show cause--Failure to demonstrate preliminary basis for relief 3DCA 1155a
Circuit court acting in appellate capacity--Review of driver's license suspension--Reversal based on issues not preserved for review by objection before hearing officer 1DCA 1264a
Circuit court sitting in appellate capacity--Review of denial of driver's license reinstatement--Dismissal of petition for review for failure to submit transcript of administrative hearing 5DCA 1796a
Claims included in list of issues but not mentioned in body of brief 5DCA 437a
Class actions--Certification--Standing--Nonnamed members of mandatory class whose motion to intervene was denied 1DCA 55a
Contempt--Absence of transcript 4DCA 203b
Contracts--Noncompetition covenant--Enforceability--Law of the case--Appellate court's ruling on non-final appeal of order denying employer's motion for temporary injunction 4DCA 276a
Contracts--Noncompetition covenant--Enforceability--Law of the case--Appellate court's ruling that trial court misinterpreted law in denying former employer's motion for temporary injunction 4DCA 276a
Costs 2DCA 2733a
Costs--Party prevailing on significant issues on appeal--Dissolution of marriage--Obtaining credit for sum of money already remitted toward equalizing payment required by final judgment--Obligations of final judgment not altered 4DCA 471a
Counterclaims--Dismissal--Interrelated counts pending 4DCA 2588b
Counterclaims--Dismissal--Main claim still pending in trial court 4DCA 114a
Counties--Comprehensive plan--Amendment--Approval by Department of Community Affairs--Standing to appeal--Adverse effect--Direct impact on real property--Necessity to show 4DCA 271a
Counties--Comprehensive plan--Amendment--Designation of county as service provider of freshwater and wastewater to unincorporated portions of county--Approval by Department of Community Affairs--Appeals--Standing--Independent special taxing district that provided such services
at time of amendment 4DCA 271a
Criminal--see, CRIMINAL LAW--Appeals
Dependent children--Adjudicatory order--Challenge to sufficiency of adjudicatory order in appeal from final disposition order 5DCA 986a
Dependent children--Counsel--Withdrawal--Pre-withdrawal dutie