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6 Florida opinions name it 2 courts 1975–2022 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
ST. v. Falls Chase Spec. Taxing Dist.green2 sentences2015This judicially-created exception provides that it is permissible to pursue declaratory relief in a circuit court — without first pursuing and exhausting administrative remedies — if “an agency acts without colorable statutory authority that is clearly in excess of its delegated powers.” Dep’t of Agric. & Consumer Servs. v. City of Pompano Beach, 792 So.2d 539, 546 (Fla. 4th DCA 2001); e.g., Curry, 722 So.2d at 878 (outlining the basis for the exception, providing that when “an agency acts without the benefit of any rule, and in a manner clearly in excess of its statutory authorization, the ac 1998Where, as here, an agency acts without the benefit of any rule, and in a manner clearly in excess of its statutory authorization, the action is invalid, "and the basis for court intervention clear." Department of Environmental Regulation v. Falls Chase Special Taxing Dist., 424 So.2d 787, 795 (Fla. 1st DCA), review denied, 436 So.2d 98 (Fla. 1983). | 2 | 2 |
Florida Dept. of Agriculture & Consumer Services v. CITY OF POMPANA BEACHgreen1 sentence2015This judicially-created exception provides that it is permissible to pursue declaratory relief in a circuit court — without first pursuing and exhausting administrative remedies — if “an agency acts without colorable statutory authority that is clearly in excess of its delegated powers.” Dep’t of Agric. & Consumer Servs. v. City of Pompano Beach, 792 So.2d 539, 546 (Fla. 4th DCA 2001); e.g., Curry, 722 So.2d at 878 (outlining the basis for the exception, providing that when “an agency acts without the benefit of any rule, and in a manner clearly in excess of its statutory authorization, the ac | 1 | 1 |
Department of Health v. Currygreen1 sentence2015This judicially-created exception provides that it is permissible to pursue declaratory relief in a circuit court — without first pursuing and exhausting administrative remedies — if “an agency acts without colorable statutory authority that is clearly in excess of its delegated powers.” Dep’t of Agric. & Consumer Servs. v. City of Pompano Beach, 792 So.2d 539, 546 (Fla. 4th DCA 2001); e.g., Curry, 722 So.2d at 878 (outlining the basis for the exception, providing that when “an agency acts without the benefit of any rule, and in a manner clearly in excess of its statutory authorization, the ac | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
School Bd. of Leon County v. Mitchell
green
1 sentence2022Bd. of Leon Cnty. v. Mitchell, 346 So. 2d 562 , 565–68 (Fla. 1st DCA 1977) (reaffirming that declaratory judgment actions may not replace established procedures of administrative appeal or review, except when agencies act beyond their powers or flagrantly violate the constitutional or statutory rights of a party). | 1 | 2022–2022 |
Baker County Medical Services, Inc. etc. v. State of Florida, Agency for Health etc.
green
1 sentence2022Servs., Inc. v. State, 178 So. 3d 71 , 74–75 (Fla. 1st DCA 2015) (recognizing such an exception if an agency acts in excess of its statutory authority or without the benefit of any rule); Sch. | 1 | 2022–2022 |
Levin, Middlebrooks v. US Fire Ins. Co.
green
1 sentence2013Providing a qualified privilege under the circumstances of this case, which involves an attorney’s ex-parte, out-of-court questioning of several nonparty witnesses, is sufficiently protective of the competing policies underpinning the privilege: “[T]he right of an individual to enjoy a reputation unimpaired by defamatory attacks versus the right of the public interest to a free and full disclosure of facts in the conduct of judicial proceedings.” Levin, 639 So.2d at 608 . | 1 | 2013–2013 |
PUBLIC EMPLOYEES REL. v. Dade County Police
green
1 sentence1988Cf, Public Employees Relations Commission v. Dade County Police Benevolent Association, 467 So.2d 987 (Fla.1985) (reviewing court must defer to an agency’s interpretation of an operable statute as long as that interpretation is consistent with legislative intent and is supported by competent substantial evidence). | 1 | 1988–1988 |
State Ex Rel. Cacciatore v. Drumbright
green
1 sentence1975The municipal court had jurisdiction of the subject-matter and the parties, and could have given the accused the benefit of any defense which he was lawfully entitled to interpose... ." ( 156 So. at 723 ) In the second case, State ex rel. | 1 | 1975–1975 |
State Ex Rel. Johnson v. Anderson
neutral
1 sentence1975Johnson v. Anderson, Fla. 1948, 37 So.2d 910 , relators had been convicted of violating the game laws in Dade County. | 1 | 1975–1975 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.