Smith v. State, Department of Revenue Ex Rel. Willie

District Court of Appeal of Florida

Smith v. State, Department of Revenue Ex Rel. Willie

4 So. 3d 691, 2009 Fla. App. LEXIS 1247, 2009 WL 368593

District Court of Appeal of Florida·Decided February 17, 2009·No. 1D08-1974·Published

Opinion

PER CURIAM.

Having considered the appellants response to this Court’s orders dated December 24, 2008, and April 28, 2008, the appeal is hereby dismissed as untimely. See Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983); Fla. RApp. P. 9.110(b). However, in light of appellant’s allegation that he did not timely receive notice of entry of the agency’s final order, this disposition is without prejudice to his right to petition the agency to vacate and re-enter that order. Reich v. Department of Health, 868 So.2d 1275 (Fla. 1st DCA 2004); Durando v. Palm Beach County, 719 So.2d 1258 (Fla. 1st DCA 1998).

DISMISSED.

DAVIS, BENTON and BROWNING, JJ., concur.

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PER CURIAM.

Having considered the appellants response to this Court’s orders dated December 24, 2008, and April 28, 2008, the appeal is hereby dismissed as untimely. See Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983); Fla. RApp. P. 9.110(b). However, in light of appellant’s allegation that he did not timely receive notice of entry of the agency’s final order, this disposition is without prejudice to his right to petition the agency to vacate and re-enter that order. Reich v. Department of Health, 868 So.2d 1275 (Fla. 1st DCA 2004); Durando v. Palm Beach County, 719 So.2d 1258 (Fla. 1st DCA 1998).

DISMISSED.

DAVIS, BENTON and BROWNING, JJ., concur.

Smith v. State, Department of Revenue Ex Rel. Willie, 4 So. 3d 691, 2009 Fla. App. LEXIS 1247, 2009 WL 368593 (Fla. Ct. App. 2009).

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Opinion

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