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

4 So. 3d 691, 2009 Fla. App. LEXIS 1247, 2009 WL 368593
CourtDistrict Court of Appeal of Florida
DecidedFebruary 17, 2009
Docket1D08-1974
StatusPublished

This text of 4 So. 3d 691 (Smith v. State, Department of Revenue Ex Rel. Willie) 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
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).

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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Related

Reich v. Department of Health
868 So. 2d 1275 (District Court of Appeal of Florida, 2004)
Durando v. Palm Beach County
719 So. 2d 1258 (District Court of Appeal of Florida, 1998)
Snelson v. Snelson
440 So. 2d 477 (District Court of Appeal of Florida, 1983)

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Bluebook (online)
4 So. 3d 691, 2009 Fla. App. LEXIS 1247, 2009 WL 368593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-department-of-revenue-ex-rel-willie-fladistctapp-2009.