Henry v. Dep't of Revenue

Full title: Mark Henry, Appellant, v. Department of Revenue o/b/o Debra Young-Henry…

Court: Florida Court of Appeals, Fifth District

Date published: Mar 1, 2024

No. 5D23-2231 (Fla. Dist. Ct. App. Mar. 1, 2024)

Opinion

5D23-2231

03-01-2024

Mark Henry, Appellant, v. Department of Revenue o/b/o Debra Young-Henry, Appellee.

Thomas W. Sculco and Shannon McLin, of Florida Appeals, Orlando, for Appellant. Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Seminole County, LT Case No. 1201519225 2006-DR-1218 Susan Stacy, Judge.

Thomas W. Sculco and Shannon McLin, of Florida Appeals, Orlando, for Appellant.

Ashley Moody, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellee.

ON CONCESSION OF ERROR

PER CURIAM.

Appellant appeals the trial court's Supplemental Final Judgment on Report and Recommendations of the Hearing Officer. Appellee has filed a concession of error as to Appellant's due process argument. We accept the concession of error, reverse the order, and remand for further proceedings. Based on the need for further proceedings, Appellant's second issue on appeal is rendered moot.

REVERSED and REMANDED.

WALLIS, EISNAUGLE, and MACIVER, J.J, concur.