Legal Opinion

Heart of Live Oak, Inc. v. State, Office of Financial Regulation

District Court of Appeal of Florida

Decided August 16, 2016No. 1D15-2947Published

1Per curiam

We affirm the Final Order of the Office of Financial Regulation in all respects. We highlight Appellant’s Points I and II only, to hold that Appellant did not preserve those issues for appellate review. “It is well-established that for an issue to be preserved for appeal, it must be raised in the administrative proceeding of the alleged error.” Dep’t of Bus. & Prof'l Regulation, Constr. Indus. Licensing Bd. v. Harden, 10 So.3d 647, 649 (Fla. 1st DCA 2009) (citing Yachting Arcade, Inc. v. Riverwalk Condo. Assoc., Inc., 500 So.2d 202, 204 (Fla. 1st DCA 1986)). “[A] party cannot argue on appeal…

2Cases cited5 opinions

  1. Department of Business & Professional Regulation v. HardenDistrict Court of Appeal of Florida · 2009
  2. Pullen v. StateDistrict Court of Appeal of Florida · 2002
  3. Yachting Arcade v. RIVERWALK CONDO. ASSOC. INC.District Court of Appeal of Florida · 1986
  4. Palm Construction Company of West Florida v. Department of Financial Services, Division etc.District Court of Appeal of Florida · 2014
  5. Gabrielle Goodwin v. Florida Department of Children etc.District Court of Appeal of Florida · 2016

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