Florida District Courts of Appeal, 2003

Department of Revenue v. Sheraton Bal Harbour Ass'n

Florida District Courts of Appeal · Decided December 18, 2003 · Allen, Barfield, Davis

864 So. 2d 454; 2003 Fla. App. LEXIS 19231; 29 Fla. L. Weekly Fed. D 25 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Office of Insurance Regulation v. Service Insurance Co. (Fla. Dist. Ct. App. 2010)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The Department of Revenue seeks a writ of prohibition to prevent the Division of Administrative Hearings (“DOAH”) from proceeding with Sheraton’s rule challenge to a repealed rule. The Department contends that section 120.56, Florida Statutes does not authorize a rule challenge to a rule that is no longer in existence, and therefore, DOAH is acting in excess of its jurisdiction. We agree and grant the petition. Because the court is confident that DOAH will promptly comply with this opinion, the court withholds formal issuance of the writ.

BARFIELD, ALLEN and DAVIS, JJ., concur.

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