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MARTIN v. DEPT. OF REVENUE EX REL. MARTIN

No. 2D00-2925.

827 So.2d 367 (2002)

Herbert C. MARTIN, Appellant, v. DEPARTMENT OF REVENUE ex rel. Nancy MARTIN, Appellee.

District Court of Appeal of Florida, Second District.

October 9, 2002.

Attorney(s) appearing for the Case

Herbert C. Martin, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Jon J. Johnson, Assistant Attorney General, Tampa, for Appellee.

STRINGER, Judge.

Herbert C. Martin seeks review of the Department of Revenue's ("the DOR") order dismissing his amended petition for administrative hearing. Because the amended petition was timely under the "mailbox rule," the DOR erred in dismissing it. Accordingly, we reverse.

The facts of this case are taken from the DOR's final order dismissing Martin's petition for administrative hearing and the attachments...

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