Legal Opinion

Save Our Creeks v. State Fish & Wildlife Conservation Commission

District Court of Appeal of Florida

Decided May 9, 2013No. 1D12-764PublishedCited by 7 opinions

1Per curiam

Appellants seek review of the dismissal with prejudice of their petition for an administrative hearing to challenge an alleged decision by the Florida Fish and Wildlife Conservation Commission “to backfill the navigation channel in Cowbone Marsh in Fisheating Creek,” which is sovereignty submerged land. We reverse because the order of dismissal is based on matters outside the four corners of the petition. However, because we agree with the Commission’s argument that the petition fails to sufficiently plead final agency action in its current form, we remand with directions that the Commission…

2Cases cited8 opinions

  1. Daniels v. Florida Parole & Probation Comm'nDistrict Court of Appeal of Florida · 1981
  2. Griffith v. FLORIDA PAROLE & PROBATION COM'NSupreme Court of Florida · 1986
  3. Friends of Hatchineha, Inc. v. State, DerDistrict Court of Appeal of Florida · 1991
  4. St. Francis Parkside Lodge v. Dept. of HealthDistrict Court of Appeal of Florida · 1986
  5. Manasota-88, Inc. v. Gardinier, Inc.District Court of Appeal of Florida · 1986

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3Cited by7 opinions

  1. Stephen Herbits, and 1000 Venetian Way etc. v. Board Of Trustees Of The Internal etc.District Court of Appeal of Florida · 2016
  2. Shands Jacksonville Medical Center, Inc. v. State, Department of HealthDistrict Court of Appeal of Florida · 2013
  3. BLUEFIELD RANCH MITIGATION, ETC. v. SO. FLA. WATER MANAGEMENT DISTRICT and FLA. DEPT. OF TRANSPORTATIONDistrict Court of Appeal of Florida · 2018
  4. C&S Wholesale Grocers, Inc. v. State of Florida Department of Business and Professional Regulation, Division ofDistrict Court of Appeal of Florida · 2023
  5. Sarasota County Public Hospital District v. Florida Agency for Health Care AdministrationDistrict Court of Appeal of Florida · 2017

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