Butterfield v. Department of Environmental Regulation

DAUKSCH, Judge.

ON MOTION TO DISMISS

This case is before the court on appellee, Department of Environmental Regulation’s (DER), motion to dismiss the appeal. We grant the motion because appellant did not timely file his notice of appeal in the lower tribunal as Florida Rule of Appellate Procedure 9.110(b) requires.

On February 25, 1985, DER rendered a final order which adopted the hearing officer’s recommended order. Appellant timely filed a notice of appeal with the Division of Administrative Hearings, which provided the hearing officer who presided at the hearing in the instant administrative,…