MARK T. JOHNSTON, JR., APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, AGENCY FOR WORKFORCE INNOVATION AND POINT BREAK SURVEYING, LLC, APPELLEES

Fla. 1st DCA | 2011-10-06
No. 1D10-5512
WOLF, LEWIS, and ROWE, JJ., concur.
71 So. 3d 230 Florida District Court of Appeal, First District (2011) Positive Treatment
Cited by 2 cases
Topics
Final Administrative Order Premature Appeal Timeliness Of Notice Of Appeal Timeliness

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered the appellant’s responses to the Court’s order of June 16, 2011, the appeal is hereby DISMISSED. The appellant’s notice of appeal failed to timely invoke the Court’s jurisdiction to review the final administrative order rendered on October 31, 2008. Fla. R.App. P. 9.110(c). Further, the agency order on the appellant’s petition to vacate the 2008 final order has not been rendered by the agency. See Fla. R.App. P. 9.020(h). Therefore, the appeal from the September 20, 2010, administrative order is premature. See generally Students for Online Voting v. Machen, 24 So.3d 1273 (Fla. 1st DCA 2009) (noting earlier appeal had been dismissed as premature because it had not been rendered). This dismissal is without prejudice to the appellant’s right to seek relief from the lower tribunal or to bring a timely appeal once the agency renders a decision on the petition to vacate. See Johnson v. Terry Hunt Constr. Co., 878 So.2d 1282 (Fla. 1st DCA 2004) (noting the inherent power of an administrative tribunal to correct its own errors in its orders).

WOLF, LEWIS, and ROWE, JJ., concur.

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  • WHS Trucking LLC v. Reemployment Assistance Appeals Comm'n & Michael Henry, 183 So. 3d 460 (Fla. 1st DCA 2016)
    …t has applied the principle of Taylor in the unemployment context to confirm “the inherent power of an administrative tribunal to correct its own errors in its orders.” Johnston v. Florida Unemployment Appeals Com’n, Agency for Workforce Innovation, 71 So. 3d 230 (Fla. 1st DCA 2011) (citing Johnson v. Terry Hunt Constr. Co., 878 So. 2d 1282 (Fla. 1st DCA 2004), which made the same point based on Taylor in the workers’ compensation context). Finally, it appears that the redetermination statute, section 443.1…

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