Monday, August 31, 2009

Order Is Not Rendered Until Filed With The Clerk

In SIEGERS SEED COMPANY v. WILLIAMS FARM PARTNERSHIP (1D08-3920), the First District dismissed a petition for certiorari because the order had not yet been rendered and is, therefore, not appealable. The court stated:
The parties do not dispute that neither the Commissioner’s letter nor the Council’s recommendation was filed with the agency clerk. An agency does not render a final order until it is filed with the agency clerk. See Hill v. Div. of Ret., 687 So. 2d 1376 (Fla. 1st DCA 1997); Gallo v. Florida Comm’n on Human Relations, 867 So. 2d 1273 (Fla. 1st DCA 2004); See also Fla. R. App. P. 9.020(h)("An order is rendered when a signed, written order is filed with the clerk of the lower tribunal."). An order must be rendered in order to invoke appellate jurisdiction, United Water Fla., Inc. v. Florida Pub. Serv. Comm’n, 728 So. 2d 1250 (Fla. 1st DCA 1999), and to invoke this court’s original jurisdiction. See Fla. R. App. P. 9.100(c) (providing that a petition for certiorari must be filed within 30 days of rendition of the order to be reviewed).


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