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Consent and Waiver of Jurisdiction

An administrative agency cannot enlarge its own jurisdiction.  Jurisdiction cannot be conferred upon the agency by parties before it.  Deviations from an agency’s statutorily established sphere of action cannot be upheld based upon an agreement, contract, or consent of the parties.[i]  Parties cannot confer subject matter jurisdiction upon a judicial tribunal by either acquiescence or consent, nor may subject matter jurisdiction be created by waiver, estoppel, consent, or conduct of the parties.[ii]

[i] Gulf American Corp. v. Florida Land Sales Board, 206 So. 2d 457 (Fla. Dist. Ct. App. 2d Dist. 1968)

[ii] Rice v. Adam, 254 Neb. 219 (Neb. 1998)

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