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HUBERT v. DIV. OF ADMIN., ST. DEPT. OF TRANSP.

No. 82-1815.

425 So.2d 671 (1983)

John T. HUBERT, Jr., Appellant, v. DIVISION OF ADMINISTRATION, STATE of Florida DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

February 2, 1983.

Attorney(s) appearing for the Case

Robert J. Shapiro, Tampa, for appellant.

Alan E. DeSerio and John H. Beck, Tallahassee, for appellee.

ON MOTION FOR REHEARING AND/OR CLARIFICATION

PER CURIAM.

This court previously denied a motion to dismiss the above-styled appeal without opinion. We deny rehearing but think that the issue raised merits this opinion.

The motion to dismiss this appeal alleged that the appeal was untimely because the notice was filed more than 30 days from the order appealed from. Although there was a timely motion for

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