TIMBERLINE CONSTRUCTION GROUP, LLC
v.
DEPARTMENT OF COMMERCE
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Timberline Construction Group appeals the Department of Commerce's dismissal of its petitions for administrative hearings for untimely filing. Rather than contesting the timeliness determination, Timberline argues the merits of the underlying administrative decisions, which is an improper avenue of challenge. The court affirms the dismissal.
The court affirmed the Department's final orders because Timberline did not challenge the timeliness determination and failed to establish any ground to set aside the orders under section 120.68(7), Florida Statutes. Once a petition is dismissed for untimely filing, challenging the merits of the underlying decision is not an appropriate means of review.
“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's fatal procedural error was failing to contest the timeliness determination and instead arguing the merits
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Join FLexlaw to unlock all legal intelligenceTimberline filed petitions for administrative hearings with the Department of Commerce. The Department dismissed these petitions for untimely filing. …
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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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