Opinion

Petito v. Construction Industry Licensing Board

  • 99 So. 3d 552
  • 2012 Fla. App. LEXIS 13718
  • 2012 WL 3537819
Court
District Court of Appeal of Florida
Filed
Aug 17, 2012
Status
Published
On the bench
Davis, Lewis, Makar
Cited by
1 cases
Authority
More cited than 52.3%

finding that the appellant lacked standing where he obtained the relief he sought from the licensing board and did not demonstrate a basis for apprehension that as a result of the proceeding he would be disciplined in the future

How later courts described this case

  • finding that the appellant lacked standing where he obtained the relief he sought from the licensing board and did not demonstrate a basis for apprehension that as a result of the proceeding he would be disciplined in the future

Written by the judges who cited it.

The opinion

PER CURIAM.

We dismiss the appeal in this case for lack of standing. See Bodenstab v. Dep’t of Prof'l Regulation, 648 So.2d 742, 743 (Fla. 1st DCA 1994). At oral argument, the Board’s counsel affirmed that the petitioner, Robert Petito, would not be subject to discipline for any matter that has been brought to the Department’s attention to date. This avowal ameliorates Petito’s concern that the Board might use probation or other types of discipline as an impermissible condition on his license. It also buttresses our conclusion that Petito lacks standing: beyond receiving the relief he sought below (i.e., an unconditional transfer of his license) he has no basis for *553 apprehension that the Board will attempt to improperly impose discipline upon him.

DISMISSED.

DAVIS, LEWIS, and MAKAR, JJ„ concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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