CAPITAL ASPHALT INC v. FLORIDA DEPARTMENT OF TRANSPORTATION (2022)

District Court of Appeal of Florida, First District.

CAPITAL ASPHALT, INC., Appellant, v. FLORIDA DEPARTMENT OF TRANSPORTATION, Appellee.

No. 1D21-3870

Decided: March 30, 2022

Thomas J. Guilday of Guilday Law, P.A., Tallahassee, for Appellant. Marc A. Peoples, Department of Transportation, Tallahassee, for Appellee.

The Court denies Appellant's motion for leave to file reply, filed February 8, 2022.

To the extent that Appellant seeks both review of the lower tribunal's denial of its motion for stay and a stay under the Court's own authority, the Court treats Appellant's motion filed January 20, 2022, only as a motion for review under Florida Rule of Appellate Procedure 9.190(e)(2)(A). See Fla. Dep't of Health v. Mendelsohn, 150 So. 3d 1285, 1285 (Fla. 1st DCA 2014). Upon consideration of the motion for review, the Court affirms the lower tribunal's denial of Appellant's motion for stay.

Per Curiam.

Lewis, Nordby, and Long, JJ., concur.

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