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DEPARTMENT OF REVENUE v. ASHBY

Case No. 5D19-1244.

294 So.3d 445 (2020)

State of Florida DEPARTMENT OF REVENUE O/B/O Jhody Tanisha VENZEN, Appellant, v. Jan Jensen ASHBY and Kyron Tuitt, Appellees.

District Court of Appeal of Florida, Fifth District.

Opinion filed April 17, 2020.

Attorney(s) appearing for the Case

Ashley Moody , Attorney General, Tallahassee, and Toni C. Bernstein , Senior Assistant Attorney General, Tallahassee, for Appellant.

No Appearance for Appellees.

The Florida Department of Revenue ("DOR"), on behalf of Jhody Venzen ("Mother"), appeals the trial court's dismissal with prejudice of its complaint against Jan Ashby ("Ashby") and Kyron Tuitt ("Former Husband"). Because the trial court lacked jurisdiction to dismiss the case with prejudice, we reverse.

Ashby and Mother had an affair...

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