Poggi v. Fla. Fish & Wildlife Conservation Comm'n

Full title: Michael Poggi, Appellant, v. Florida Fish and Wildlife Conservation…

Court: Florida Court of Appeals, First District

Date published: Apr 13, 2022

No. 1D21-2034 (Fla. Dist. Ct. App. Apr. 13, 2022)

Opinion

1D21-2034

04-13-2022

Michael Poggi, Appellant, v. Florida Fish and Wildlife Conservation Commission, Appellee.

Tyler Andrew Trumbach, of Law Offices of Tyler A. Trumbach, Plantation, for Appellant. Bridget K. McDonnell, Florida Fish and Wildlife Conservation Commission, Tallahassee, for Appellee.

PER CURIAM.

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 Fish and Wildlife Conservation Commission. Harold Vielhauer, Hearing Officer.

Tyler Andrew Trumbach, of Law Offices of Tyler A. Trumbach, Plantation, for Appellant.

Bridget K. McDonnell, Florida Fish and Wildlife Conservation Commission, Tallahassee, for Appellee.

PER CURIAM.

This is appeal is Dismissed without prejudice for lack of jurisdiction. "The appealed order is neither a final agency action nor a non-final agency action immediately reviewable pursuant to section 120.68(1), Florida Statutes." Worthwhile III, Ltd. v. Fla. Hous. Fin. Corp., 770 So.2d 700, 701 (Fla. 1st DCA 2000). Appellant has not argued that review after final agency action is entered would leave him with an inadequate remedy. Cf., F.T.M.I. Operator, LLC v. Limith, 140 So.3d 1065, 1067 (Fla. 1st DCA 2014) (dismissing certiorari review for lack of the requisite "irreparable harm" where the argument could be reviewed postjudgment in a subsequent plenary appeal).

Ray, Osterhaus, and M.K. Thomas, JJ., concur.