RALPH C. ACKROYD v. DEPARTMENT OF REVENUE

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RALPH C. ACKROYD, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D04-4294 DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT PROGRAM, on behalf of RHONDA S. ELLIOTT, Appellee. Opinion filed May 16, 2005. An appeal from an order of the Department of Revenue. Ralph C. Ackroyd, pro se, appellant. Charlie Crist, Attorney General, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for appellee. PER CURIAM. Ralph C. Ackroyd appeals an order of the Department of Revenue which denied as untimely his administrative challenge to proposed agency action and request for hearing. Appellee now moves to relinquish jurisdiction for the purpose of withdrawing its prior order and entry of an amended order which grants Ackroyd s request for a hearing. We elect to treat the motion as a confession of error and reverse and remand for further proceedings. See Stacey v. Department of Professional Regulation, Board of Nursing Home Administrators, 547 So. 2d 241 (Fla. 1st DCA 1989). REVERSED and REMANDED. BARFIELD, DAVIS and HAWKES, JJ., concur. 2

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