174 So. 3d 640
Fla. Dist. Ct. App.2015Background
- DOAH issued Final Administrative Paternity and Support Order against Ramirez in Aug 2014.
- DOR filed a motion for rehearing in Oct 2014 asserting clerical and substantive errors in the FAPSO.
- DOR filed a notice of appeal in Oct 2014 challenging the FAPSO; record later transmitted to this court.
- On Jan 22, 2015, ALJ issued an Order Denying Motion for Rehearing but Granting in Part Motion to Amend Final Administrative Paternity and Support Order, and issued an Amended FAPSO.
- ALJ treated the motion to rehear as a motion to amend and corrected two errors (appearance at hearing and income), but declined to amend other issues.
- Appellant argues ALJ lacked jurisdiction because the underlying order was on appeal; the court quashes both orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does ALJ have jurisdiction after notice of appeal? | DOR argues ALJ lacked jurisdiction once appeal filed. | Ramirez argues ALJ may act to amend within limits (as opposed to rehearing). | ALJ lacked jurisdiction; orders quashed. |
| Was the motion treated properly as a motion to amend? | DOR contends refining errors via amendment is proper under Taylor. | Ramirez maintains amendment authority limited and tied to clerical errors. | Treating as amendment was improper under concurrent-jurisdiction rules; quashed. |
| Did Florida appellate rules toll or abandon post-judgment motions when a notice of appeal is filed? | DOR abandoned the motion upon filing the appeal. | Ramirez contends abandonment absolves ALJ of jurisdiction to rule on motion. | Abandonment occurred; ALJ lacked jurisdiction. |
Key Cases Cited
- Dep’t of Revenue ex rel. Smith v. Selles, 47 So.3d 916 (Fla. 1st DCA 2010) (agency power limited to statutory authorization; lack of jurisdiction reviewable de novo)
- Pomeranz & Landsman Corp. v. Miami Marlins Baseball Club, L.P., 143 So.3d 1182 (Fla. 4th DCA 2014) (voluntary dismissal ends trial court’s jurisdiction; prohibition on sanctions motion)
- Taylor v. Department of Professional Regulation, Board of Medical Examiners, 520 So.2d 557 (Fla. 1988) (inherent power to correct clerical errors via amend; limits on rehearing authority)
- In re Forfeiture of $104,591 in U.S. Currency, 589 So.2d 283 (Fla. 1991) (recognizes abandonment via post-judgment motions when notice of appeal filed)
- City of Palm Bay v. Palm Bay Greens, LLC, 969 So.2d 1187 (Fla. 5th DCA 2007) (motion for rehearing does not suspend administrative orders)