HOMESTEAD MIAMI SPEEDWAY LLC v. CITY OF HOMESTEAD

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District Court of Appeal of Florida, First District.

HOMESTEAD-MIAMI SPEEDWAY, LLC, Appellant, v. CITY OF HOMESTEAD, Appellee.

No. 1D18-0891

Decided: April 30, 2018

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.

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.

PER CURIAM.

MAKAR, WINOKUR, and WINSOR, JJ., concur.

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