Murphy v. Department of Revenue

District Court of Appeal of Florida

Murphy v. Department of Revenue

873 So. 2d 1242, 2004 Fla. App. LEXIS 7350, 2004 WL 1175156

District Court of Appeal of Florida·Decided May 26, 2004·No. No. 4D03-684·Published

Opinion

PER CURIAM.

We reverse the order dismissing the appellant’s petition for administrative hearing with prejudice. The Department of Revenue, appellee, failed to respond to our order of March 11, 2004, requiring it to file a copy of the petition for administrative hearing, nor did it file an answer brief as ordered by this court. On the face of appellant’s brief, it appears that the Department dismissed the petition for hearing when appellant was in substantial compliance with the rules. On remand, the [1243]*1243Department shall reinstate the petition for administrative hearing.

WARNER, POLEN and STEVENSON, JJ., concur.

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PER CURIAM.

We reverse the order dismissing the appellant’s petition for administrative hearing with prejudice. The Department of Revenue, appellee, failed to respond to our order of March 11, 2004, requiring it to file a copy of the petition for administrative hearing, nor did it file an answer brief as ordered by this court. On the face of appellant’s brief, it appears that the Department dismissed the petition for hearing when appellant was in substantial compliance with the rules. On remand, the [1243]*1243Department shall reinstate the petition for administrative hearing.

WARNER, POLEN and STEVENSON, JJ., concur.

Murphy v. Department of Revenue, 873 So. 2d 1242, 2004 Fla. App. LEXIS 7350, 2004 WL 1175156 (Fla. Ct. App. 2004).

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873 So. 2d 1242 (Murphy v. Department of Revenue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.