POGGI v. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (2022)

District Court of Appeal of Florida, First District.

Michael POGGI, Appellant, v. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, Appellee.

No. 1D21-2034

Decided: April 13, 2022

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.

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

Per Curiam.

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

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