W. BEAVER STREET, LLC., v. STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA 3250 W. BEAVER STREET, LLC, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. v. CASE NO. 1D09-1733 STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee. ______________________________/ Opinion filed October 20, 2009. An appeal from an order of the Department of Environmental Protection. Robert D. Fingar of Guilday Tucker Schwartz & Simpson, Tallahassee, for Appellant. Thomas M. Beason, General Counsel, Department of Environmental Protection, and Ronda L. Moore, General Counsel, Tallahassee, for Appellee. PER CURIAM. Upon consideration of appellee s motion for relinquishment of jurisdiction, we reverse the order on appeal and remand to the agency with directions to vacate its order and allow appellant to amend its petition. See Stacey v. Dep t of Prof l Regulation, Bd. of Nursing Home Admin rs, 547 So. 2d 241 (Fla. 1st DCA 1989). REVERSED and REMANDED. HAWKES, C.J., BARFIELD and BENTON, JJ., CONCUR.

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