Opinion
1D21-3870
03-30-2022
Capital Asphalt, Inc., Appellant, v. Florida Department of Transportation, Appellee.
Thomas J. Guilday of Guilday Law, P.A., Tallahassee, for Appellant. Marc A. Peoples, Department of Transportation, Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from an order of the Florida Department of Transportation. Kevin J. Thibault, Secretary.
Thomas J. Guilday of Guilday Law, P.A., Tallahassee, for Appellant.
Marc A. Peoples, Department of Transportation, Tallahassee, for Appellee.
Per Curiam.
The Court denies Appellant's motion for leave to file reply, filed February 8, 2022.
To the extent that Appellant seeks both review of the lower tribunal's denial of its motion for stay and a stay under the Court's own authority, the Court treats Appellant's motion filed January 20, 2022, only as a motion for review under Florida Rule of Appellate Procedure 9.190(e)(2)(A). See Fla. Dep't of Health v. Mendelsohn, 150 So.3d 1285, 1285 (Fla. 1st DCA 2014). Upon consideration of the motion for review, the Court affirms the lower tribunal's denial of Appellant's motion for stay.
Lewis, Nordby, and Long, JJ., concur.