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

Full title: James SEARS, Appellant, v. DEPARTMENT OF REVENUE on behalf of Ashley…

Court: District Court of Appeal of Florida, Fourth District.

Date published: Jan 8, 2014

133 So. 3d 1077 (Fla. Dist. Ct. App. 2014)

Opinion

No. 4D13–3977.

2014-01-8

James SEARS, Appellant, v. DEPARTMENT OF REVENUE on behalf of Ashley Sears, Appellee.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Barbara Bronis, Judge; L.T. Case No.2013–DR–523. James Sears, Crawfordville, pro se. Pamela Jo Bondi, Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee, for appellee.

PER CURIAM.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Barbara Bronis, Judge; L.T. Case No.2013–DR–523.
James Sears, Crawfordville, pro se. Pamela Jo Bondi, Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee, for appellee.

ON CONFESSION OF ERROR

PER CURIAM.

Appellee confesses that the circuit court erred in its order denying appellant's “Motion to Vacate An Order Adopting Hearing Officer's Recommendations” on the basis that the motion to vacate was not timely filed. Appellee confesses that the motion to vacate was timely filed in accordance with the mailbox rule. See Haag v. State, 591 So.2d 614, 617–18 (Fla.1992). Based on the foregoing, we reverse the court's order denying the motion to vacate. We remand for consideration of the motion to vacate on its merits.

Reversed and remanded with instructions. DAMOORGIAN, C.J., MAY and GERBER, JJ., concur.