Legal Opinion · Concurrence

Sowell v. State Department of Revenue

District Court of Appeal of Florida

Decided October 11, 2013No. 1D13-2799Published

1ConcurrenceMakar, J.

The filing of a petition for mandamus, though entailing a separate filing and related expense, is available to the property appraiser to contest the Department’s position that its probable cause review is an agency investigation and not a final agency action subject to judicial review. Students for Online Voting v. Machen, 24 So.3d 1273, 1274 (Fla. 1st DCA 2009) (granting *997mandamus due to university’s “failure to perform its statutory duty to render the order.”). Whatever economic efficiency that might be gained in this case by resolving this issue now is outweighed by muddying the relatively…

2Cases cited1 opinion

  1. STUDENTS FOR ONLINE VOTING v. MacHenDistrict Court of Appeal of Florida · 2009

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