Cagan v. Board of Real Estate
Cagan v. Board of Real Estate
Opinion of the Court
ON MOTION TO DISMISS
Appellant’s license as a real estate salesman was suspended for one year and he
Appellant contends that the order was not final, although entitled “Final Order” because: (1) by its terms, it did not become effective until thirty days from the date of filing with the Clerk of the Department; and (2) on September 2, 1981, appellant filed objections to the order which appellant contends delayed rendition of the order for seven days from the date the objections were filed, so that the notice of appeal filed on September 14, 1981 was timely.
Proceedings involving licensing are governed by section 120.57, Florida Statutes (1979).
Appellant relies on Adams Packing Assn., Inc. v. Florida Department of Citrus, 352 So.2d 569 (Fla. 3d DCA 1977), as authority for the proposition that the order did not become final until it became “effective,” thirty days after it was filed. Adams, relying on Riley-Field Co. v. Askew, 336 So.2d 383 (Fla. 1st DCA 1970), held that an agency rule did not become “final” until it became “effective” twenty days after it was filed, so that a petition to review the agency action filed within thirty days of the effective date was timely. The Adams court, however, apparently did not consider the decision of the Supreme Court entered approximately one month earlier in Florida Administration Commission v. District Court of Appeal, First District, 351 So.2d 712 (Fla. 1977), wherein Riley-Field was disapproved, the court holding that agency action is final in rule making procedures when the rule has been adopted and filed, notwithstanding the twenty-day delay in its becoming effective. We see no reason to apply a different rule here. Thus we hold that the signed, written order became final for purposes of appeal when it was filed with the Clerk of the Department, notwithstanding the thirty-day delay in its becoming effective.
Appellant’s contention that the submission of exceptions to the order delayed rendition is without merit. Even if section 120.57(l)(b)(4) permits the filing of exceptions to a final order, as opposed to a recommended order, section 120.57(1)(b)(8) requires the agency to allow at least ten days
The motion to dismiss is granted.
Appeal DISMISSED.
. Fla.R.App.P. 9.020(g):
Rendition (of an order): the filing of a signed, written order with the clerk of the lower tribunal. Where there has been filed in the lower tribunal an authorized and timely motion for new trial or rehearing, to alter or amend, for judgment in accordance with pri- or motion for directed verdict, notwithstanding verdict, in arrest of judgment, or a challenge to the verdict, the order shall not be deemed rendered until disposition thereof.
. Fla.R.App.P. 9.110(b).
. § 120.60, Fla.Stat. (1979).
. § 120.52(3), Fla.Stat. (1979).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.