Poggi v. Fla. Fish & Wildlife Conservation Comm'n, 1D21-2034

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
PartiesMichael Poggi, Appellant, v. Florida Fish and Wildlife Conservation Commission, Appellee.
Decision Date13 April 2022
Docket Number1D21-2034

Michael Poggi, Appellant,
v.

Florida Fish and Wildlife Conservation Commission, Appellee.

No. 1D21-2034

Florida Court of Appeals, First District

April 13, 2022


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from an order of the Florida Fish and Wildlife Conservation Commission. Harold Vielhauer, Hearing Officer.

Tyler Andrew Trumbach, of Law Offices of Tyler A. Trumbach, Plantation, for Appellant.

Bridget K. McDonnell, Florida Fish and Wildlife Conservation Commission, Tallahassee, for Appellee.

PER CURIAM.

This is appeal is Dismissed without prejudice for lack of jurisdiction. "The appealed order is neither a final agency action nor a non-final agency action immediately reviewable pursuant to section 120.68(1), Florida Statutes." Worthwhile III, Ltd. v. Fla. Hous. Fin. Corp., 770 So.2d 700, 701 (Fla. 1st DCA 2000). Appellant has not argued that review after final agency action is entered would leave him with an inadequate remedy. Cf., F.T.M.I. Operator, LLC v. Limith, 140 So.3d 1065, 1067 (Fla. 1st DCA 2014) (dismissing certiorari review for lack of the requisite

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"irreparable harm" where the argument could be reviewed postjudgment in a subsequent plenary appeal).

Ray, Osterhaus, and M.K. Thomas, JJ., concur.

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