TOWE AS TRUSTEE OF TOWE NEELY PAUL 2008 TRUST v. FISH AND WILDLIFE CONSERVATION COMMISSION (2021)

Neely Paul Towe, as Trustee of Towe Neely Paul 2008 Trust, and Rolf Towe appeal a final order from the Florida Fish and Wildlife Conservation Commission dismissing their amended petition for an administrative hearing on standing grounds. Appellants alleged that a Marine Turtle Permit permittee who was operating on land adjacent to their property would violate the conditions of her Commission-issued permit and harm Appellants’ property- and environmental-related interests. Appellants sought to have their amended petition challenging the permit referred to DOAH for a formal hearing and to have the Commission order the permittee to cease all activities under the permit. Because, however, the permit expired months ago on December 31, 2020, this Court cannot grant any effectual relief to Appellants. Thus, the appeal is dismissed as moot. See State Farm Fla. Ins. Co. v. Bellamy, 302 So. 3d 1081, 1082 (Fla. 1st DCA 2020) (“On appeal, a case is moot where, by a change of circumstances prior to the appellate court's decision, the judiciary is unable to grant any effectual relief.” (first citing Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992); then citing Montgomery v. Dep't of Health & Rehab. Servs., 468 So. 2d 1014, 1016 (Fla. 1st DCA 1985))).

Dismissed.

Per Curiam.

Osterhaus, Bilbrey, and Tanenbaum, JJ., concur.