MIAMI-DADE COUNTY, v. DEPARTMENT OF COMMUNITY AFFAIRS

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MIAMI-DADE COUNTY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D09-4382 DEPARTMENT OF COMMUNITY AFFAIRS, Appellee. _____________________________/ Opinion filed March 17, 2010. An appeal from the State of Florida Administration Commission. Bram D.E. Canter, ALJ. R.A. Cuevas, Jr., Miami-Dade County Attorney, and Dennis A. Kerbel, Assistant County Attorney, Miami, for Appellant. Bill McCollum, Attorney General, and Patricia Gleason, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Upon consideration of the appellant s response to the Court s order of September 11, 2009, the Court has determined that the order on appeal constitutes a final administrative order subject to appellate review. This Court has held that the complete failure to consider or make explicit rulings on each exception filed in response to an administrative recommended order renders the order nonfinal. See Cocktails Plus v. Dep=t of Bus. and Prof=l Regulation, 958 So. 2d 1154 (Fla. 1st DCA 2007). However, we decline to extend this holding to the instant situation where the lower tribunal clearly considered the exceptions, but failed to rule on each exception individually. The show cause order is hereby discharged. BENTON, THOMAS, and MARSTILLER, JJ., CONCUR. 2

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