Fla. Dep't of Envtl. Prot. v. Fla. Reemployment Assistance Appeals Comm'n
Decision Date | 27 December 2012 |
Docket Number | No. 1D12–1060.,1D12–1060. |
Citation | 123 So.3d 1154 |
Parties | FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. FLORIDA REEMPLOYMENT ASSISTANCE APPEALS COMMISSION and Katie M. Swango, Appellees. |
Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
Jonathan H. Alden, Senior Assistant General Counsel and Marshall G. Wiseheart, Senior Assistant General Counsel, Tallahassee, for Appellant.
A. Robert Whaley, General Counsel, M. Elaine Howard, Deputy General Counsel, and Amanda L. Neff, Senior Attorney, Tallahassee, for Appellee Florida Reemployment Assistance Appeals Commission.
The Department of Environmental Protection (DEP) seeks review of an order of the Unemployment Appeals Commission, predecessor to the Florida Reemployment Assistance Appeals Commission.1 We directed the parties to show cause why this appeal should not be dismissed as moot. Having considered the responses to the order to show cause, we dismiss the appeal.
The Department of Economic Opportunity determined the claimant was eligible for benefits as of April 24, 2011, and that DEP must reimburse the Unemployment Compensation Trust Fund should any benefits be paid. DEP challenged the redetermination. The appeals referee affirmed “[t]hat portion of the determination dated October 3, 2011, holding the claimant qualified for benefits,” but expressly concluded that the “separation of employment [wa]s not attributable to the employer [DEP]; therefore, the employer remains non-charged.” The Commission affirmed the decision of the appeals referee, concluding the “record adequately support[ed] the referee's material findings and the referee's conclusion [wa]s a reasonable application of the pertinent laws to the material facts of the case.”
We dismiss this appeal for lack of standing. “An appeal of a wholly favorable judgment must be dismissed.” Dep't of Health v. Fresenius Med. Care Holdings, Inc., 935 So.2d 636, 637 (Fla. 1st DCA 2006). See also Friends of Perdido Bay, Inc. v. Fla. Dep't of Envtl. Prot., 44 So.3d 650, 651 (Fla. 1st DCA 2010) ( ); Fla. Comm'n on Hurricane Loss Projection Methodology v. State, Dep't of Ins., 716 So.2d 345, 346 (Fla. 1st DCA 1998) (...
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...lack of standing. " ‘An appeal of a wholly favorable judgment must be dismissed.’ " Fla. Dep't of Envtl. Prot. v. Fla. Reemployment Assistance Appeals Comm'n , 123 So.3d 1154 (Fla. 1st DCA 2012) (quoting Dep't of Health v. Fresenius Med. Care Holdings, Inc. , 935 So.2d 636, 637 (Fla. 1st DC......
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...standing and we must dismiss the appeal. See § 120.68(1)(a), Fla. Stat. (2018) ; Fla. Dep't of Envtl. Prot. v. Fla. Reemployment Assistance Appeals Comm'n , 123 So.3d 1154, 1154-55 (Fla. 1st DCA 2012) (dismissing an appeal where the order on appeal was wholly favorable to the state agency s......