Timberline Construction Group, LLC v. Department of Commerce

• Court: District Court of Appeal of Florida
• Decided: July 24, 2024
• Docket: 2022-3366
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Nos. 1D2022-3364 1D2022-3366 1D2022-3367 1D2022-3368 1D2022-3369 1D2022-3370 1D2022-3372 1D2022-3373 _____________________________

TIMBERLINE CONSTRUCTION GROUP, LLC,

Appellant,

v.

DEPARTMENT OF COMMERCE,

Appellee. _____________________________

On appeal from the Department of Economic Opportunity. Erik Sayler, Assistant General Counsel.

July 24, 2024

PER CURIAM.

Timberline Construction Group, LLC, appeals the Department’s final orders dismissing Timberline’s petitions for administrative hearings with prejudice because of untimely filings. Timberline does not challenge the Department’s determination that the petitions were untimely, instead arguing in opposition to the Department’s underlying decisions that led to Timberline filing the petitions. Because Timberline does not argue or establish any ground to set aside the Department’s final orders under section 120.68(7), Florida Statutes, the final agency action in each case is

AFFIRMED.

B.L. THOMAS, BILBREY, and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Amy Schrader and Maia Fleischman of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Birmingham, AL, for Appellant.

Ryan Bourgoin, Deputy General Counsel, and Karen Gates, Department of Economic Opportunity, Tallahassee, for Appellee.