Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Robert D. BRACEWELL, Appellant, v. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF LICENSING, Appellee.
This appeal arises from a dispute about the issuance of a concealed weapons license. The Department of Agriculture and Consumer Services, Division of Licensing, initially suspended the Appellant's application for a license, which resulted in a notice of appeal filed on Friday, July 26, 2019. On the following business day, Monday, July 29, 2019, the Division lifted the suspension and issued the license. Two months later, the Division moved to dismiss this appeal as moot. Appellant counters that the appeal is not moot because the Division has a practice of suspending applications and later issuing licenses after legal action is instituted, resulting in applicants having to incur attorneys' fees and costs needlessly; Appellant, however, has not filed a motion seeking such fees or costs. Based on the foregoing, the Division's motion to dismiss is granted. No motion for attorneys' fees is pending and no basis exists to award them under the statutory “gross abuse of agency discretion” standard on the limited record presented. § 120.595(5), Fla. Stat. (2019) (“When there is an appeal, the court in its discretion may award reasonable attorney's fees and reasonable costs to the prevailing party if the court finds ․ that the agency action which precipitated the appeal was a gross abuse of the agency's discretion.”).
Per Curiam.
Ray, C.J., and Wolf and Makar, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 1D19-2723
Decided: December 23, 2019
Court: District Court of Appeal of Florida, First District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)