Thomas Home Corporation, a Florida Corporation v. Emerald Coast Utilities Authority
CourtDistrict Court of Appeal of Florida
Date FiledApril 21, 2021
Docket1D20-1938
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-1938
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THOMAS HOME CORPORATION, a
Florida Corporation,
Petitioner,
v.
EMERALD COAST UTILITIES
AUTHORITY,
Respondent.
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Petition to Review Non-Final Agency Action—Original
Jurisdiction.
April 21, 2021
PER CURIAM.
We dismiss this petition for review of nonfinal agency action.
This Court has no jurisdiction to review an oral order. See Gregg
v. State, 643 So. 2d 106 (Fla. 1st DCA 1994). A transcript cannot
substitute as a written order. See Owens v. State, 579 So. 2d 311
(Fla. 1st DCA 1991) (holding that clerk’s minutes could not
substitute for written order). Florida Rule of Appellate Procedure
9.100(c) requires that petitions for review of nonfinal agency action
must be filed within 30 days of rendition of the order to be
reviewed. According to Florida Rule of Appellate Procedure
9.020(h), “rendition” occurs “when a signed, written order is filed
with the clerk of the lower tribunal.” (emphasis added). All
pending motions are denied as moot.
LEWIS, ROBERTS, and M.K. THOMAS, 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.
_____________________________
Todd M. LaDouceur and Rebecca D. Gilliland of Galloway,
Johnson, Tompkins, Burr & Smith, P.L.C., Pensacola, for
Petitioner.
Robert O. Beasley, Phillip A. Pugh, and DeWitt D. Clark of Litvak
Beasley Wilson & Ball, LLP, Pensacola, for Respondent.
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