Sears v. Department of Revenue ex rel. Sears
This text of 133 So. 3d 1077 (Sears v. Department of Revenue ex rel. Sears) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ON CONFESSION OF ERROR
Appellee confesses that the circuit court erred in its order denying appellant’s “Motion to Vacate An Order Adopting Hearing Officer’s Recommendations” on the basis that the motion to vacate was not timely filed. Appellee confesses that the motion to vacate was timely filed in accordance with the mailbox rule. See Haag v. State, 591 So.2d 614, 617-18 (Fla.1992). Based on the foregoing, we reverse the court’s order denying the motion to vacate. We remand for consideration of the motion to vacate on its merits.
Reversed and remanded with instructions.
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Cite This Page — Counsel Stack
133 So. 3d 1077, 2014 WL 51654, 2014 Fla. App. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sears-v-department-of-revenue-ex-rel-sears-fladistctapp-2014.