Full Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-2066 _____________________________ NEELY PAUL TOWE as Trustee of Towe Neely Paul 2008 Trust and ROLF TOWE, Appellants, v. STATE OF FLORIDA, FISH AND WILDLIFE CONSERVATION COMMISSION, Appellee. _____________________________ On appeal from the Florida Fish and Wildlife Conservation Commission. Thomas H. Eason, Assistant Executive Director. April 29, 2021 PER CURIAM. Neely Paul Towe, as Trustee of Towe Neely Paul 2008 Trust, and Rolf Towe appeal a final order from the Florida Fish and Wildlife Conservation Commission dismissing their amended petition for an administrative hearing on standing grounds. Appellants alleged that a Marine Turtle Permit permittee who was operating on land adjacent to their property would violate the conditions of her Commission-issued permit and harm Appellants’ property- and environmental-related interests. Appellants sought to have their amended petition challenging the permit referred to DOAH for a formal hearing and to have the Commission order the permittee to cease all activities under the permit. Because, however, the permit expired months ago on December 31, 2020, this Court cannot grant any effectual relief to Appellants. Thus, the appeal is dismissed as moot. See State Farm Fla. Ins. Co. v. Bellamy, 302 So. 3d 1081, 1082 (Fla. 1st DCA 2020) (“On appeal, a case is moot where, by a change of circumstances prior to the appellate court’s decision, the judiciary is unable to grant any effectual relief.” (first citing Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992); then citing Montgomery v. Dep’t of Health & Rehab. Servs., 468 So. 2d 1014, 1016 (Fla. 1st DCA 1985))). DISMISSED. OSTERHAUS, BILBREY, and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ John A. Tucker of Foley & Lardner LLP, Jacksonville; Mallory A. Neumann of Foley & Lardner LLP, Tallahassee, for Appellants. Rhonda E. Parnell, Assistant General Counsel, Florida Fish and Wildlife Conservation Commission, Tallahassee, for Appellee. 2