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Rotolante v. Dep't of Revenue ex rel. Rotolante

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Aug 18, 2017
Case No. 5D17-715 (Fla. Dist. Ct. App. Aug. 18, 2017)

Opinion

Case No. 5D17-715

08-18-2017

JOEL ROTOLANTE, Appellant, v. DEPARTMENT OF REVENUE O/B/O DENISE ROTOLANTE, Appellee.

Elizabeth Siano Harris, of Widerman Malek, PL, Melbourne, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for Appellee.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge. Elizabeth Siano Harris, of Widerman Malek, PL, Melbourne, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for Appellee. ON CONCESSION OF ERROR PER CURIAM.

Based on the Department of Revenue's proper concession of error, we reverse the trial court's "Final Order of Contempt on Report and Recommendation of the Hearing Officer - Granted - Commitment." We also quash the trial court's April 3, 2017, Order Modifying Final Order of Contempt on Report and Recommendation, which the trial court lacked jurisdiction to enter during the pendency of this appeal.

REVERSED and REMANDED. SAWAYA, LAMBERT, and EISNAUGLE, JJ., concur.


Summaries of

Rotolante v. Dep't of Revenue ex rel. Rotolante

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Aug 18, 2017
Case No. 5D17-715 (Fla. Dist. Ct. App. Aug. 18, 2017)
Case details for

Rotolante v. Dep't of Revenue ex rel. Rotolante

Case Details

Full title:JOEL ROTOLANTE, Appellant, v. DEPARTMENT OF REVENUE O/B/O DENISE…

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Aug 18, 2017

Citations

Case No. 5D17-715 (Fla. Dist. Ct. App. Aug. 18, 2017)