SEMMER v. LEE COUNTY LLC (2023)

District Court of Appeal of Florida, First District.

Joanne SEMMER, Appellant, v. LEE COUNTY, Florida, Southern Comfort Storage, LLC, and William J. Semmer, Appellees.

No. 1D2023-0359

Decided: October 25, 2023

Ralf Brookes of Ralf Brookes Attorney, Cape Coral, for Appellant. Amanda L. Swindle, Senior Assistant County Attorney, Lee County Attorney's Office, Fort Myers, for Appellee Lee County; Gary K. Hunter, Jr., and Mohammad O. Jazil of Holtzman Vogel Baran Torchinsky & Josefiak PLLC, Tallahassee, for Appellee Southern Comfort Storage, LLC.

Joanne Semmer appeals the final order of the Florida Administration Commission finding that a comprehensive plan amendment adopted by Lee County was in compliance with chapter 163, Florida Statutes. Because Appellant fails to argue or establish any of the grounds for this court to set aside the final agency action under section 120.68(7), Florida Statutes, the final order on appeal is affirmed. See Katherine's Bay, LLC v. Fagan, 52 So. 3d 19, 27 (Fla. 1st DCA 2010) (holding that section 120.68(7), Florida Statutes, applies to appellate review of final agency action by the Administration Commission); Miami-Dade Cnty. v. Dep't of Cmty. Affairs, 54 So. 3d 633, 635 (Fla. 1st DCA 2011) (affirming challenge to final agency action by the Administration Commission where “appellant failed to demonstrate any ground for remand or setting aside the final agency action of the Administration Commission, as provided in section 120.68(7), Florida Statutes”).

Per Curiam.

Ray, Bilbrey, and Long, JJ., concur.

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