LOUIS SCLEASE, III, d/b/a SCLEASE CONSTRUCTION CO. 'CG C33 v. CONSTRUCTION INDUSTRY LICENSING BOARD
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LOUIS SCLEASE, III, d/b/a SCLEASE CONSTRUCTION CO. #CG C036233, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D04-1636 v. CONSTRUCTION INDUSTRY LICENSING BOARD, Appellee. ___________________________/ Opinion filed August 24, 2004. An appeal from an order of the Construction Industry Licensing Board. Edward M. Weller, Chairman, Construction Industry Licensing Board. William R. Waters, Jr., Pearson & Waters, P.A., Tallahassee, for Appellant. Adrienne C. Rodgers and Gail Scott Hill, Tallahassee, for Appellee. PER CURIAM. Finding that a Final Order filed on October 9, 2003 was not properly served, the Construction Industry Licensing Board filed a NOTICE OF REFILING OF FINAL ORDER, on March 12, 2004. The NOTICE OF REFILING OF FINAL ORDER does not purport to be an order itself. While an agency has authority to vacate and reenter otherwise final orders in order to avoid due process problems, see Millinger v. Broward County Mental Health Div. And Risk Management, 672 So. 2d 24 (Fla. 1996); Johnson v. Terry Hunt Construction Co., No. 1D04-0454 (Fla. 1st DCA August 10, 2004); Durando v. Palm Beach County, 719 So. 2d 1258 (Fla. 1st DCA 1998), the NOTICE OF REFILING OF FINAL ORDER does not purport to be such a superseding order. DISMISSED. BENTON, BROWNING and POLSTON, JJ., CONCUR. 2
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