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Norkunas v. State

District Court of Appeal of Florida, First District
May 27, 2008
982 So. 2d 1227 (Fla. Dist. Ct. App. 2008)

Summary

dismissing appeal; appellant not a party to administrative agency action and thus lacked standing to appeal final order

Summary of this case from Louis Del Favero Orchids, Inc. v. Fla. Dep't of Health

Opinion

No. 1D08-0739.

May 27, 2008.

William G. Salim, Jr. of Moskowitz, Mandell, Salim Simowitz, P.A., Fort Lauderdale, for Appellant.

James L. Richmond, Department of Community Affairs, Tallahassee, for Appellee State of Florida Building Commission; James H. Wyman of Hinshaw Culbertson, LLP, Fort Lauderdale, for Appellee Wendy's International, Inc.; No appearance for Appellee Interplan, LLC.


William J. Norkunas appeals a final order of the Florida Building Commission ("FBC") granting a requested waiver of the accessibility requirements of chapter 553, Florida Statutes. We dismiss the appeal for lack of standing.

Section 120.68(1), Florida Statutes (2007), provides for judicial review of administrative action and states that "[a] party who is adversely affected by final agency action is entitled to judicial review." Thus, there are four requirements for standing to seek judicial review of final agency action under the Administrative Procedure Act: (1) the action is final; (2) the agency is subject to provisions of the act; (3) the person seeking review was a party to the action; and (4) the party was adversely affected by the action. See Legal Envtl. Assistance Found., Inc. v. Clark, 668 So.2d 982, 986 (Fla. 1996). The first and second elements are not in dispute here. However, rather than being a "party" as the term is defined in section 120.52(12), Norkunas is in fact a member of the FBC, and cast the sole dissenting vote on the waiver application at issue. This circumstance obviously implicates the body of case law generally recognizing that a lower tribunal may not appeal its own order, but we need not consider whether a dissenting member of a collegial administrative tribunal may seek judicial review. Because appellant was not a party to the proceedings below, he is without standing to institute an appeal.

APPEAL DISMISSED.

BROWNING, C.J., VAN NORTWICK and LEWIS, JJ., concur.


Summaries of

Norkunas v. State

District Court of Appeal of Florida, First District
May 27, 2008
982 So. 2d 1227 (Fla. Dist. Ct. App. 2008)

dismissing appeal; appellant not a party to administrative agency action and thus lacked standing to appeal final order

Summary of this case from Louis Del Favero Orchids, Inc. v. Fla. Dep't of Health
Case details for

Norkunas v. State

Case Details

Full title:William J. NORKUNAS, individually, Appellant, v. STATE of Florida BUILDING…

Court:District Court of Appeal of Florida, First District

Date published: May 27, 2008

Citations

982 So. 2d 1227 (Fla. Dist. Ct. App. 2008)

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