Florida District Courts of Appeal, 2025

R.E.P. and D.M.S. v. Department of Agriculture and Consumer Services and Wilton Simpson

R.E.P. and D.M.S. v. Department of Agriculture and Consumer Services and Wilton Simpson
Florida District Courts of Appeal · Decided January 29, 2025

R.E.P. and D.M.S. v. Department of Agriculture and Consumer Services and Wilton Simpson

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D2024-0059 _____________________________ R.E.P. and D.M.S., Appellants, v. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES and WILTON SIMPSON, Appellees. _____________________________

On appeal from the Division of Administrative Hearings.

James H. Peterson, III, Administrative Law Judge.

January 29, 2025

PER CURIAM.

AFFIRMED. See Pretzer v. Swearingen, 394 So. 3d 175, 192 (Fla. 1st DCA 2024) (“Because the relief authorized by section 790.33(3)(f)1. is the remedy in this case, Pretzer could bring an action under section 790.33(3)(f) in circuit court without exhausting any administrative remedies.” (Emphasis in original)).

LEWIS, ROBERTS, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Eric J. Friday of Kingry & Friday, PLLC, Jacksonville, for Appellants.

Daniel E. Nordby and Denise M. Harle of Shutts & Bowen LLP, Tallahassee, for Appellees.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.