G.E.L. CORP. v. DEPT. OF ENVIRONMENTAL PROTECTION

No. 5D03-13.

875 So.2d 1257 (2004)

G.E.L. CORPORATION, Appellant, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 1, 2004.


Attorney(s) appearing for the Case

Dennis Wells of Webb, Wells, & Williams, P.A., Altamonte Springs, for Appellant.

Teri L. Donaldson, General Counsel and W. Douglas Beason, Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellee Department of Environmental Protection.

William E. Reischmann, Catherine D. Reischmann and Virginia Cassady of Stenstrom, McIntosh, Colbert, Whigham, Reischmann & Partlow, P.A., Sanford, for Appellee Orange City.


SAWAYA, C.J.

We are here confronted with the arduous task of interpreting and applying certain provisions of Florida's Administrative Procedure Act. Specifically, we address those provisions relating to awards of attorney's fees and agency jurisdiction to correct what it considers an erroneous legal ruling by an Administrative Law Judge [ALJ] when the ruling concerns an area that may not fall within the umbra of the agency...

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