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TUTEN v. STATE DEP

No. 4D04-1253.

906 So.2d 1202 (2005)

Donald G. TUTEN, Appellant, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

District Court of Appeal of Florida, Fourth District.

July 20, 2005.

Attorney(s) appearing for the Case

Frederick M. Dahlmeier of Cromwell & Dahlmeier, P.L., North Palm Beach, and John Beranek of Ausley & McMullen, Tallahassee, for appellant.

Francine M. Ffolkes, Tallahassee, for appellee.

POLEN, J.

This appeal arises from the issuance of a default permit to Appellant, Donald Tuten ("Tuten"), from the Appellee, the Florida Department of Environmental Protection ("DEP"). We reverse the DEP's issuance of the default permit and remand jurisdiction to the DEP to allow it to conduct an administrative hearing, pursuant to this court's instruction in Tuten v. State of Florida, Department of Environmental Protection (Tuten I), 819 So...

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