Stuart v. State ex rel. Miller

LEVY, Judge.

An agency appeals an adverse summary judgment rendered by the Circuit Court, ordering the agency to dismiss an administrative enforcement action. We reverse.

In September of 1991, the Department of Business Regulation1 issued a show cause order to Elliot Miller, charging various violations of the Florida Administrative Code surrounding his ownership and operation of some apartments in Hialeah. Miller requested a formal hearing on the charges, and the matter was referred to the Division of Administrative Hearings [DOAH]. In February of 1992, the Department filed a motion asking the…