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KERPER v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

No. 5D04-1182.

894 So.2d 1006 (2005)

Thomas KERPER and All Salvaged Auto Parts, Inc., Appellants, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

District Court of Appeal of Florida, Fifth District.

January 14, 2005.

Attorney(s) appearing for the Case

Albert E. Ford, II, and Lea Brueggeman, of Ford & Brueggeman, P.A., Lake Mary, for Appellants.

David J. Tarbert and Jason Sherman, Department of Environmental Protection, Tallahassee, for Appellee.

PLEUS, J.

Thomas Kerper and his business, All Salvaged Auto Parts, Inc. (referred to collectively as "Kerper") appeal a final order of the Department of Environmental Protection ("DEP") finding them liable for failing to clean up used oil discharges. We have jurisdiction pursuant to Article V, section 4(b)(1) of the Florida Constitution. We reverse the final order for lack of competent, substantial evidence showing that Kerper was the person responsible for discharging...

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