GAGNON
v.
DEPARTMENT OF REVENUE, BETHEA, JR.
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The Department of Revenue conceded error in a final administrative support order. The Florida District Court of Appeal, Second District, reversed the order and remanded the case for further proceedings based on the Department's concession and applicable statutory requirements.
The final administrative support order is reversed and the case is remanded for further proceedings. The court accepted the Department's concession of error and determined that reversal and remand were appropriate under the applicable statutory framework.
[1] When an agency concedes error in an administrative proceeding, the reviewing court shall set aside the final agency action and remand for further proceedings pursuant to…
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Join FLexlaw to unlock all legal intelligence“In light of the Department of Revenue's initial concession of error, and pursuant to section 120.68(7)(a), Florida Statutes (2021), the 'Final Administrative Support Order' is set aside, and the case is remanded for further proceedings.”
Establishes the controlling standard for reversal and remand when the Department concedes error in administrative proceedings.
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Join FLexlaw to unlock all legal intelligenceThe case involved a final administrative support order issued by the Department of Revenue. The specific factual circumstances underlying the support …
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We accept the concession of error filed by the Department of Revenue. The final administrative support order is reversed, and the case is remanded for further proceedings. See Pellegrino v. Dep't of Revenue ex rel. Lange, 348 So. 3d 1228, 1228 (Fla. 2d DCA 2022) ("In light of the Department of Revenue's initial concession of error, and
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pursuant to section 120.68(7)(a), Florida Statutes (2021), the 'Final Administrative Support Order' is set aside, and the case is remanded for further proceedings."); Dillion v. Dep't of Revenue, 189 So. 3d 353, 354 (Fla. 4th DCA 2016) ("[I]f this court finds that the validity of the agency action depends on disputed facts, and there has been no hearing prior to agency action, this court 'shall' remand for 'further proceedings.' " (quoting § 120.68(7)(a), Fla. Stat. (2016))). Reversed and remanded. KELLY, BLACK, and LUCAS, JJ., Concur. Opinion subject to revision prior to official publication.
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Citator
Cited By
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Gagnon v. Dep't of Revenue, 348 So. 3d 1228 (Fla. 2d DCA 2024)…PER CURIAM. We accept the concession of error filed by the Department of Revenue. The final administrative support order is reversed, and the case is remanded for further proceedings. See Pellegrino v. Dep't of Revenue ex rel. Lange, 348 So. 3d 1228, 1228 (Fla. 2d DCA 2022) ("In light of the Department of Revenue's initial concession of error, and pursuant to section 120.68(7)(a), Florida Statutes (2021), the 'Final Administrative Support Order' is set aside, and the case is remanded for furth…
Authorities Cited
- Desmond D. Dillion v. Dep't OF Revenue, 189 So. 3d 353 (Fla. 4th DCA 2016)
- Gagnon v. Dep't of Revenue, 348 So. 3d 1228 (Fla. 2d DCA 2024)