validity of an administrative rule (Florida) · Go Syfert
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validity of an administrative rule in Florida

5 Florida opinions name it 1 courts 1974–2013 0 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.

Followed or applied (4)

CaseFollowedCited
ST. JOHNS RIVER v. Consolidated-Tomokagreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2013–2013
2 sentences

2013Johns River Water Management District v. Consolidated-Tomoka Land Co., 717 So.2d 72 (Fla. 1st DCA 1998)); Consolidated-Tomoka, 717 So.2d at 79 (recognizing that the 1996 amendments to section 120.52(8) "overrule[d]” a number of judicial decisions to the extent they established the test to determine the validity of an administrative rule).

2013Johns River Water Management District v. Consolidated-Tomoka Land Co., 717 So.2d 72 (Fla. 1st DCA 1998)); Consolidated-Tomoka, 717 So.2d at 79 (recognizing that the 1996 amendments to section 120.52(8) "overrule[d]” a number of judicial decisions to the extent they established the test to determine the validity of an administrative rule).

11
Fla. Soc. of Ophthalmology v. State, Bd. of Optometrygreen
fladistctapp · 1988 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009Mylan contends, however, that economic injury suffered by Abbott is insufficient to establish standing on appeal under Florida Society of Ophthalmology v. State Board of Optometry, 532 So.2d 1279, 1284 (Fla. 1st DCA 1988).

11
Nord v. FLORIDA PAROLE & PROB. COM'Ngreen
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997Taking any applicable administrative rules into account, the court must make such decisions as "essentially a matter of law to be determined by the ordinary rules of statutory construction." Nord v. Florida Parole and Probation Comm'n, 417 So.2d 1176, 1177-78 (Fla. 1st DCA 1982).

11
INTERN. BROTHERHOOD OF PAINTERS v. Andersongreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997PERC’s general counsel dismissed these charges, stating that “the power to consider and resolve constitutional issues is vested only in the courts,” citing Anderson v. International Brotherhood of Painters and Allied Trades, AFL-CIO, Local 1010, 6 FPER ¶ 11114 (1980), affd, 401 So.2d 824, 828 (Fla. 5th DCA 1981)(noting PERC’s “contention] that it had no jurisdiction” to determine the validity of an administrative rule).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Bayne v. Florida State Board of Dispensing Opticians green
fla · 1968
1 sentence

1974In Bayne v. Florida State Board of Dispensing Opticians, 212 So.2d 762 (Fla. 1968), the court in an opinion authored by Justice Thornal reversed the appellate court's application of the general rule as to declaratory judgments in an action as to the validity of an administrative rule and held that the standing question was not so limited where rules and regulations of administrative agencies were involved.

11974–1974

Where else courts name it

TX 23 (1962–2026) OR 13 (1985–2024) FL 5 (1974–2013) WA 5 (1980–2019) GA 5 (1977–2015) MO 4 (1995–2019) IA 3 (1988–2009) LA 3 (1996–2008) CO 2 (1992–1995) WI 2 (1995–2018) AZ 2 (1993–2000) IN 2 (1993–1994) AL 2 (2024–2024)

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.

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