Summary
dismissing untimely appeal without prejudice to appellant's right to petition agency for relief
Summary of this case from Palm Beach Park Ctr. 4, LLC v. Palm BeachOpinion
No. 98-2758.
October 29, 1998.
An Appeal from the Department of Community Affairs. James F. Murley, Secretary.
Richard Grosso, Ft. Lauderdale, and Barry M. Silver, Boca Raton, for appellants.
Stephanie Gehres-Kruer, General Counsel and Shaw P. Stiller, Assistant General Counsel, Tallahassee, for appellee Department of Community Affairs.
C. Gary Williams, and Stephen C. Emmanuel, of Ausley McMullen, Tallahassee, for appellee Richard Siemens.
Because the notice of appeal was not timely filed, we dismiss this appeal for lack of jurisdiction. However, in light of appellants' allegation that they did not timely receive notice of entry of the agency's final order, this disposition is without prejudice to their right to petition the agency to vacate and reenter that order. See W.T. Holding, Inc. v. Agency for Health Care Administration, 682 So.2d 1224 (Fla. 4th DCA 1996).
ERVIN, BOOTH and VAN NORTWICK, JJ., concur.