NEELY PAUL TOWE AS TRUSTEE OF TOWE NEELY PAUL 2008 TRUST AND ROLF TOWE
v.
STATE OF FLORIDA, FISH AND WILDLIFE CONSERVATION COMMISSION
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Appellants challenged a Marine Turtle Permit issued by the Florida Fish and Wildlife Conservation Commission, alleging the permittee would harm their property and environmental interests. The appellate court dismissed the appeal as moot because the permit expired on December 31, 2020, before the court could grant any effectual relief.
The appeal is dismissed as moot because the permit expired on December 31, 2020, and the court cannot grant any effectual relief to the appellants by the time of its decision.
[1] An appeal is moot and will be dismissed when a change in circumstances prior to the appellate court's decision renders it unable to grant any effectual relief.
[2] A case challenging an administrative permit is moot when the permit has expired before the appellate court's decision.
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Join FLexlaw to unlock all legal intelligence“On appeal, a case is moot where, by a change of circumstances prior to the appellate court's decision, the judiciary is unable to grant any effectual relief.”
The governing standard for mootness in appellate cases, establishing that the permit's expiration rendered the case moot.
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Join FLexlaw to unlock all legal intelligenceNeely Paul Towe, as trustee, and Rolf Towe filed an amended petition for administrative hearing challenging a Marine Turtle Permit issued to a permitt…
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PER CURIAM.
Neely Paul Towe, as Trustee of Towe Neely Paul 2008 Trust, and Rolf Towe appeal a final order from the Florida Fish and Wildlife Conservation Commission dismissing their amended petition for an administrative hearing on standing grounds. Appellants alleged that a Marine Turtle Permit permittee who was operating on land adjacent to their property would violate the conditions of her Commission-issued permit and harm Appellants’ property-and environmental-related interests. Appellants sought
to have their amended petition challenging the permit referred to DOAH for a formal hearing and to have the Commission order the permittee to cease all activities under the permit. Because, however, the permit expired months ago on December 31, 2020, this Court cannot grant any effectual relief to Appellants. Thus, the appeal is dismissed as moot. See State Farm Fla. Ins. Co. v. Bellamy, 302 So. 3d 1081, 1082 (Fla. 1st DCA 2020) (“On appeal, a case is moot where, by a change of circumstances prior to the appellate court’s decision, the judiciary is unable to grant any effectual relief.” (first citing Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992); then citing Montgomery v. Dep’t of Health & Rehab. Servs., 468 So. 2d 1014, 1016 (Fla. 1st DCA 1985))).
DISMISSED.
OSTERHAUS, BILBREY, and TANENBAUM, JJ., concur. _____________________________
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Citator
Authorities Cited
- Sallas v. State, 593 So. 2d 211 (Fla. 1992)
- Montgomery v. Dep't of Health & Rehabilitative Servs., 468 So. 2d 1014 (Fla. 1st DCA 1985)
- State Farm Fla. Ins. Co. v. Bellamy, 302 So. 3d 1081 (Fla. 1st DCA 2020)