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ROSS v. CITY OF TARPON SPRINGS

No. 2D01-114.

802 So.2d 473 (2001)

Henry ROSS, Appellant, v. CITY OF TARPON SPRINGS and Department of Environmental Protection, Appellees.

District Court of Appeal of Florida, Second District.

December 21, 2001.

Attorney(s) appearing for the Case

Henry Ross, pro se.

Doreen Jane Irwin, Department of Environmental Protection, Tallahassee, for Appellee DEP; and Thomas J. Trask of Frazer, Hubbard, Brandt & Trask, L.L.P., Dunedin, for Appellee City of Tarpon Springs.

BLUE, Chief Judge.

Henry Ross appeals the final order by the Department of Environmental Protection (DEP) that adopted an administrative law judge's order dismissing Ross's petition as a sanction for discovery violations. Ross argues that he did not receive adequate notice of the hearing on the motion for sanctions. We agree and reverse.

It is undisputed that the only notice Ross received regarding the hearing on the motion for sanctions was provided by a...

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