HEART OF LIVE OAK, INC., APPELLANT,
v.
STATE OF FLORIDA, OFFICE OF FINANCIAL REGULATION, APPELLEE
Explore caselaw by topic → Browse Preservation Of Issues For Appeal cases and more on FLexlaw
We affirm the Final Order of the Office of Financial Regulation in all respects. We highlight Appellant’s Points I and II only, to hold that Appellant did not preserve those issues for appellate review. “It is well-established that for an issue to be preserved for appeal, it must be raised in the administrative proceeding of the alleged error.” Dep’t of Bus. & Prof'l Regulation, Constr. Indus. Licensing Bd. v. Harden, 10 So.3d 647, 649 (Fla. 1st DCA 2009) (citing Yachting Arcade, Inc. v. Riverwalk Condo. Assoc., Inc., 500 So.2d 202, 204 (Fla. 1st DCA 1986)). “[A] party cannot argue on appeal matters which were *1291not properly excepted to or challenged in the administrative tribunal.” Pullen v. State, 818 So.2d 601, 602 (Fla. 1st DCA 2002); see also Palm Constr. Co. of W. Fla. v. Dep’t of Fin. Servs., 153 So.3d 948, 949 (Fla. 1st DCA 2014). Here, as to Points I and II, we find that Appellant met Appellee’s arguments below “with silence” and therefore, failed to preserve these appellate issues for review. Goodwin v. Fla. Dep’t of Children & Families, 194 So.3d 1042 (Fla. 1st DCA 2016).
AFFIRMED.
RAY, BILBREY, and JAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
R.C. v. Dep't of Agric. & Consumer Servs., 323 So. 3d 366 (Fla. 1st DCA 2021)…ng, and the transcript, docketed March 2, 2021, is only 27 pages long. Rosier, we consistently make it clear that counsel must preserve any issue bearing on disposition, or it is waived. See Heart of Live Oak, Inc. v. State, Office of Fin. Regul., 196 So. 3d 1290, 1290–91 (Fla. 1st DCA 2016) (noting it is “well-established” that an issue must be raised in the appropriate administrative proceeding to be preserved for appeal); see also Coleman v. State, 46 Fla. L. Weekly D865, 2021 WL 1398843, at *2 (Fla. 1st…
-
Estes v. Palm Beach Cnty. Sch. Dist. (Fla. 1st DCA 2026)…ecific issues and arguments as a prerequisite to appellate review). We consistently make it clear that counsel must preserve any issue bearing on disposition, or it is waived. See, e.g., Heart of Live Oak, Inc. v. State of Fla., Off. of Fin. Regul., 196 So. 3d 1290, 1290–91 (Fla. 1st DCA 2016) (noting it is well-established that an issue must be raised in the appropriate administrative proceeding to be preserved for appeal). In the order denying Estes's motion for rehearing, the JCC ruled that rehearing was t…
Authorities Cited
- Dep't of Bus. & Prof'l Reg. v. Harden, 10 So. 3d 647 (Fla. 1st DCA 2009)
- The Yachting Arcade, Inc. v. Riverwalk Condo. Assoc. Inc., 500 So. 2d 202 (Fla. 1st DCA 1986)
- Pullen v. State, 818 So. 2d 601 (Fla. 1st DCA 2002)
- Palm Constr. Co. of W. Fla. v. Dep't OF Fin. Servs., 153 So. 3d 948 (Fla. 1st DCA 2014)
- Goodwin v. Fla. Dep't OF Child. & Families & Donna Ansley, 194 So. 3d 1042 (Fla. 1st DCA 2016)