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 due to untimely filing. Rather than challenging the timeliness determination, Timberline argues against the underlying administrative decisions, which does not provide grounds for reversal under Florida law. The Court affirmed the dismissal.
The court affirmed the Department's final orders because Timberline failed to argue or establish any ground to set aside the dismissals under section 120.68(7), Florida Statutes. Arguments challenging the underlying administrative decisions do not provide a basis to overturn a dismissal for untimely filing.
“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 appellate strategy was fundamentally flawed because it did not contest the timeliness determination.
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Join FLexlaw to unlock all legal intelligenceTimberline filed petitions for administrative hearings with the Department of Commerce. The Department dismissed the petitions as untimely filed. Timb…
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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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