Sears v. Department of Revenue ex rel. Sears

133 So. 3d 1077, 2014 WL 51654, 2014 Fla. App. LEXIS 185
CourtDistrict Court of Appeal of Florida
DecidedJanuary 8, 2014
DocketNo. 4D13-3977
StatusPublished

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.

Bluebook
Sears v. Department of Revenue ex rel. Sears, 133 So. 3d 1077, 2014 WL 51654, 2014 Fla. App. LEXIS 185 (Fla. Ct. App. 2014).

Opinion

ON CONFESSION OF ERROR

PER CURIAM.

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.

DAMOORGIAN, C.J., MAY and GERBER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Haag v. State
591 So. 2d 614 (Supreme Court of Florida, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
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.