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FONTE v. STATE, DEPT. OF ENV. REG.

No. 93-00947.

634 So.2d 663 (1994)

I.G. FONTE, Jr., Appellant, v. STATE of Florida, DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 25, 1994.

Attorney(s) appearing for the Case

Carole Joy Barice of Fowler, Barice & Feeney, P.A., Orlando, for appellant.

W. Douglas Beason, Asst. Gen., Counsel, Tallahassee, for appellee.

RYDER, Acting Chief Judge.

I.G. Fonte, Jr. attacks the Department of Environmental Regulation's final order denying him a closure permit by default for his waste tire site. Because the Department erred in rejecting the hearing officer's factual conclusion, the order is reversed and remanded for the issuance of a default closure permit. Preliminarily, this court denied the Department's motion to dismiss the appeal because the State has a right to assert a lien on the...

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