TIMBERLINE CONSTRUCTION GROUP, LLC
v.
DEPARTMENT OF COMMERCE
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Timberline Construction Group appealed the Department of Commerce's dismissal of its petitions for administrative hearings on grounds of untimely filing. The court affirmed the dismissals because Timberline failed to challenge the timeliness determination or establish grounds under Florida Statute section 120.68(7) to set aside the agency action.
The court affirmed the Department's dismissal of the petitions. Timberline failed to challenge the timeliness determination or establish any ground under section 120.68(7) to set aside the final agency action, and the court therefore upheld the dismissals with prejudice.
“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.”
Establishes that Timberline conceded the timeliness issue by not contesting it and instead challenged only the merits of the underlying decisions.
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Join FLexlaw to unlock all legal intelligenceTimberline Construction Group filed petitions for administrative hearings with the Department of Commerce. The Department determined these petitions w…
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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.
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