Homestead-Miami Speedway, LLC v. City of Homestead

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-0891
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HOMESTEAD-MIAMI SPEEDWAY,
LLC,
Appellant,
v.
CITY OF HOMESTEAD,
Appellee.
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On appeal from an administrative letter order of the Florida
Land and Water Adjudicatory Commission.
Cynthia Kelly, Secretary.
April 30, 2018
PER CURIAM.
The order to be reviewed by this appeal is a final
administrative letter order of the Florida Land and Water
Adjudicatory Commission, signed by the Secretary and dated
February 1, 2018. However, because the order has not been
rendered by the agency, the appeal is premature. An order is
rendered when a signed written copy of the order is filed with the
clerk of the lower tribunal. Fla. R. App. P. 9.020(i). Where an
administrative order has not been filed with the agency clerk, the
agency has not rendered its final order. Hill v. Div. of Ret., 687
So. 2d 1376, 1377 (Fla. 1st DCA 1997).
As Appellant acknowledges, the order to be reviewed has not
been filed with the agency clerk. See Fla. R. App. P. 9.020(b)
(defining “clerk” as “[t]he person or official specifically designated
as such for the court or lower tribunal; if no person or official has
been specifically so designated, the official or agent who most
closely resembles a clerk in the functions performed”). Because
the order was not filed, this Court lacks jurisdiction to review it.
DISMISSED.
MAKAR, WINOKUR, and WINSOR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Scott A. Cole and Alexandra Valdes of Cole, Scott & Kissane,
P.A., Miami, for Appellant.
John J. Quick and Laura K. Wendell of Weiss Serota Helfman
Cole & Bierman, P.L., Coral Gables, for Appellee.
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