Department of Revenue v. Kuhnlein
Department of Revenue v. Kuhnlein
Opinion of the Court
We have on appeal a circuit court order granting the motion of Peterson Consulting Limited Partnership (Peterson) to compel payment of fees or alternatively for an amendment of order on claims administration. This order has been entered since our decision in Kuhnlein v. Department of Revenue, 662 So.2d 308 (Fla. 1995) (Kuhnlein II). The Fifth District Court of Appeal certified the order to have a great effect on the proper administration of justice throughout the state and to require immediate resolution by this Court. We have jurisdiction. Art. V, § 3(b)(5), Fla. Const.
The issue in this case is whether the circuit court abused its discretion in ordering payment of fees to Peterson, which is a firm under contract to monitor the refund process pursuant to this Court’s directives to the circuit court regarding administration of refunds of vehicle impact-fee payments.
The Department of Revenue contends that the trial court acted outside its authority and abused its discretion when it ordered additional payments to Peterson beyond the initial contract. Peterson responds that the order was within the court’s discretion because the court was clarifying its earlier order and following the direction of this Court by ruling upon the compensation of Peterson,
Accordingly, we affirm the order of the circuit court in its entirety.
It is so ordered.
Reference
- Full Case Name
- DEPARTMENT OF REVENUE v. David KUHNLEIN
- Status
- Published