Legal Opinion

Gershman v. Florida Elections Commission

District Court of Appeal of Florida

Decided November 20, 2013No. 4D12-3360PublishedCited by 1 opinion

1Opinion of the CourtDamoorgian, C.J.

Robert S. Gershman appeals an order of the Florida Elections Commission (the “Commission”) dismissing his complaint alleging an elections violation by Gershmaris former opponent in a political race. Gershman now asks us to review the Commission’s determination that his complaint was legally insufficient. We dismiss Gershman’s appeal for lack of jurisdiction.

In the administrative context, appellate or certiorari review jurisdiction only exists where the administrative agency’s challenged action was quasi-judicial as opposed to quasi-executive in nature. See Building Code Advisonry Bd. v. S.…

2Cases cited2 opinions

  1. Building Code Advisory Board v. Southern Building Products, Inc.District Court of Appeal of Florida · 1993
  2. Fisher Island Holdings, LLC v. Miami-Dade County Commission on Ethics & Public TrustDistrict Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. Timothy C. Nix v. Tampa Marriott WestshoreDistrict Court of Appeal of Florida · 2023

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