B.M., A MINOR
v.
MIAMI-DADE COUNTY SCHOOL BOARD
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An appellant cannot challenge factual findings on appeal when exceptions to the administrative law judge's recommended order were not timely filed.
[1] Exceptions to an administrative law judge's recommended order must be timely filed to preserve issues for appellate review; failure to do so waives appellate consideratio…
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Join FLexlaw to unlock all legal intelligence“Appellant 'cannot argue on appeal matters which were not properly excepted to or challenged before the [agency] and thus were not preserved for appellate review.'”
The court cited this principle from Kantor v. School Board of Monroe County to explain why the appellant's challenges to factual findings were not reviewable on appeal.
B.M., a minor, appealed a decision by the Miami-Dade County School Board involving school safety matters governed by the district's zero-tolerance pol…
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Third District Court of Appeal State of Florida
Opinion filed October 1, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1465 Lower Tribunal Nos. 25-0848EXP & MDCPS-25-007
B.M., a Minor, Appellant,
vs.
Miami-Dade County School Board, Appellee.
An Appeal from the School Board of Miami-Dade County, Florida.
B.M., a Minor, in proper person. Walter J. Harvey and Karla M. Cejas, for appellee.
Before SCALES, C.J., and LOGUE and GORDO, JJ.
PER CURIAM.
Affirmed. See § 1006.13(2), Fla. Stat. (2024) (requiring each district school board to adopt a zero-tolerance policy for acts that pose a threat to school safety); Colonnade Med. Ctr., Inc. v. State, Agency for Health Care Admin., 847 So. 2d 540, 542 (Fla. 4th DCA 2003) (concluding the appellant's exceptions to an administrative law judge's recommended order were properly stricken because the exceptions were not timely filed); Kantor v. Sch. Bd. of Monroe Cnty., 648 So. 2d 1266, 1267 (Fla. 3d DCA 1995) ("Appellant argues that certain of the factual findings are not supported by substantial competent evidence. In this case a hearing officer from the Division of Administrative Hearings prepared a recommended order. The parties were advised of their right to file exceptions to the recommended order and the deadline for doing so. We conclude that appellant 'cannot argue on appeal matters which were not properly excepted to or challenged before the [agency] and thus were not preserved for appellate review.'") (quoting Couch v. Comm'n on Ethics, 617 So. 2d 1119, 1124 (Fla. 5th DCA 1993))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Couch v. Comm'n ON Ethics, 617 So. 2d 1119 (Fla. 5th DCA 1993)
- Kantor v. The Sch. Bd. OF Monroe Cnty., 648 So. 2d 1266 (Fla. 3d DCA 1995)
- Colonnade Med. Ctr., Inc. v. State, 847 So. 2d 540 (Fla. 4th DCA 2003)