STATE, DEPT. OF ENV. REGULATION v. PUCKETT OIL CO., INC.

No. 90-1426.

577 So.2d 988 (1991)

STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant, v. PUCKETT OIL COMPANY, INC., Appellee.

District Court of Appeal of Florida, First District.

April 3, 1991.


Attorney(s) appearing for the Case

E. Gary Early, Asst. General Counsel, for State of Fla., Dept. of Environmental Regulation, appellant.

Robert D. Fingar, of Huey, Guilday, Kuersteiner & Tucker, P.A., Tallahassee, for appellee.


ERVIN, Judge.

The Department of Environmental Regulation (DER or department) appeals from a summary final order entered by the Division of Administrative Hearings (DOAH or division), assessing against it attorney's fees and costs, pursuant to Section 57.111, Florida Statutes (1989), in favor of Puckett Oil Company, Inc. (Puckett), as a prevailing small business party. We reverse and remand for further proceedings.

Following this court's decision reversing...

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