Florida District Courts of Appeal, 2004

Murphy v. Department of Revenue

Murphy v. Department of Revenue
Florida District Courts of Appeal · Decided May 26, 2004 · Polen, Stevenson, Warner
873 So. 2d 1242; 2004 Fla. App. LEXIS 7350; 2004 WL 1175156 (Southern Reporter, Second Series)

Murphy v. Department of Revenue

Opinion of the Court

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 *1243Department shall reinstate the petition for administrative hearing.

WARNER, POLEN and STEVENSON, JJ., concur.

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