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Daniel v. Department of Revenue

District Court of Appeal of Florida, Fifth District
Oct 13, 2000
768 So. 2d 541 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 5D00-280

Opinion filed October 13, 2000 July Term 2000

Appeal from the Circuit Court for Seminole County, Thomas G. Freeman, Judge.

Francis Daniel, St. Petersburg, in proper person.

No Appearance for Appellee.


Appellee candidly concedes that appellant's motion to vacate the hearing officer's report was timely filed. In a proceeding filed by the Department of Revenue to determine appellant's arrearages, pursuant to Florida Family Law Rule of Procedure 12.491, the trial court signed an order on September 3, 1999 approving the hearing officer's report and recommendation. However, the order was not filed, thus rendered, until September 9, 1999. Rule 12.491(f) allows any party affected by the order to move to vacate the order by motion filed within ten days from its entry. Appellant's motion was filed September 21, 1999. Although the tenth day after rendition of the order was September 20, that day was a court holiday, so the motion filed the next day was timely. In denying appellant's motion to vacate, the trial court erroneously recited that the order approving the hearing officer's report was rendered on September 3, which if correct, would have made the motion to vacate untimely.

REVERSED for a hearing on the merits.

SHARP, W., and HARRIS, JJ., and ORFINGER, M., Senior Judge, concur.


Summaries of

Daniel v. Department of Revenue

District Court of Appeal of Florida, Fifth District
Oct 13, 2000
768 So. 2d 541 (Fla. Dist. Ct. App. 2000)
Case details for

Daniel v. Department of Revenue

Case Details

Full title:FRANCIS DANIEL, Appellant, v. DEPARTMENT OF REVENUE, etc., Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 13, 2000

Citations

768 So. 2d 541 (Fla. Dist. Ct. App. 2000)

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