Legal Opinion
Smith v. Sylvester
District Court of Appeal of Florida
Decided March 12, 2012No. 1D11-3605PublishedCited by 3 opinions
1Opinion of the CourtRay, J.
Merck and Ella Smith, Appellants, seek review of a final order of the Department of Environmental Protection (DEP), which dismissed their petition for an administrative hearing as facially insufficient. The final dismissal was a result of DEP’s determination that Appellants’ motion for an extension of time to file an amended petition was untimely. We reverse because DEP failed to apply the five-day extension of time provided in Florida Administrative Code Rule 28-106.103.
DEP dismissed Appellants’ timely petition for an administrative hearing without prejudice to their opportunity to file an…
2Cases cited4 opinions
- Gillespie v. City of DestinDistrict Court of Appeal of Florida · 2006
- Hightower v. BerryDistrict Court of Appeal of Florida · 1986
- McQuade v. Florida Department of CorrectionsDistrict Court of Appeal of Florida · 2010
- Grueiro v. Liberty Mailing, Inc.District Court of Appeal of Florida · 2010
3Cited by3 opinions
- Brown v. Jerry Pybus ElectricDistrict Court of Appeal of Florida · 2013
- C. M. v. Department of Children & FamiliesDistrict Court of Appeal of Florida · 2017
- LAKEVIEW LOAN SERVICING, LLC v. SANTIA LASHAWN WALCOTT-BARR and MARK LIVINGSTON BARRDistrict Court of Appeal of Florida · 2020