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6th DCAJuly 12, 2024Petition Transferred (appeal treated as certiorari petition and transferred to circuit court for lack of appellate jurisdiction)🔬 Novel Issue

Lightsey Cattle Company v. Florida Fish and Wildlife Conservation Commission

Case No. 6D2023-0587

Lightsey appealed an FWC final order conditioning its hunting preserve license on compliance with the agency's fencing rule. The Sixth DCA held it lacked jurisdiction over a direct appeal because FWC, when acting under its article IV, section 9 constitutional powers, is not an 'agency' under the APA and its orders are not 'final agency action' under section 120.68 of rules incorporating APA text cannot create general-law appellate jurisdiction. The court treated the notice of appeal as a common law certiorari petition and transferred it to the circuit court in Osceola County.

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