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SMITH v. SYLVESTER

No. 1D11-3605.

82 So.3d 1159 (2012)

Merck and Ella SMITH, Appellants, v. Peter SYLVESTER and The Florida Department of Environmental Protection, Appellees.

District Court of Appeal of Florida, First District.

March 12, 2012.

Attorney(s) appearing for the Case

M.B. Adelson, IV , Law Offices of M.B. Adelson IV, P.A., Tallahassee, for Appellants.

Thomas M. Beason , General Counsel, and Brynna J. Ross , Senior Assistant General Counsel, of Florida Department of Environmental Protection, Tallahassee, for Appellees.

RAY, J.

Merck and Ella Smith, Appellants, seek review of a final order of the Department of Environmental Protection (DEP), which dismissed their petition for an administrative hearing as facially insufficient. The final dismissal was a result of DEP's determination that Appellants' motion for an extension of time to file an amended petition was untimely. We reverse because DEP failed to apply the five-day extension of time provided in Florida Administrative Code...

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