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Harris v. Dept. of Law Enforcement

District Court of Appeal of Florida, First District
Nov 8, 1993
625 So. 2d 1327 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-874.

November 8, 1993.

An appeal from a final order of the Florida Department of Law Enforcement.

Robert J. Boyd of Bond Boyd, P.A., Tallahassee, for appellant.

Dillon D. Sessions, Asst. Gen. Counsel, FDLE, Tallahassee, for appellee.


Joseph Clyde Harris appeals an order of the Florida Department of Law Enforcement which revoked his certification as a correctional officer. Harris contends there was error in the lower tribunal when, in the course of an informal administrative hearing, disputed issues of material fact came to light and where Harris was not granted a formal administrative hearing in accordance with section 120.57(1), Florida Statutes. After the filing of the initial brief, the department moved for a relinquishment of jurisdiction, showing that the parties now agree that appellant is entitled to a formal hearing.

As in Stacey v. Department of Professional Regulation, 547 So.2d 241 (Fla. 1st DCA 1989), Martin County Liquors v. Department of Business Regulation, 539 So.2d 8 (Fla. 1st DCA 1989) and Cole v. Department of Professional Regulation, 502 So.2d 481 (Fla. 1st DCA 1987), we treat this motion as a confession of error and reverse and remand for further proceedings.

ZEHMER, C.J., and MINER and WEBSTER, JJ., concur.


Summaries of

Harris v. Dept. of Law Enforcement

District Court of Appeal of Florida, First District
Nov 8, 1993
625 So. 2d 1327 (Fla. Dist. Ct. App. 1993)
Case details for

Harris v. Dept. of Law Enforcement

Case Details

Full title:JOSEPH CLYDE HARRIS, APPELLANT, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT…

Court:District Court of Appeal of Florida, First District

Date published: Nov 8, 1993

Citations

625 So. 2d 1327 (Fla. Dist. Ct. App. 1993)

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