IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JOEL ROTOLANTE,
Appellant,
v. Case No. 5D17-715
DEPARTMENT OF REVENUE
O/B/O DENISE ROTOLANTE,
Appellee.
/
Opinion filed August 18, 2017
Appeal from the Circuit Court for
Brevard County,
Charles J. Roberts, Judge.
Elizabeth Siano Harris, of Widerman
Malek, PL, Melbourne, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Toni C. Bernstein,
Assistant Attorney General, Tallahassee,
for Appellee.
ON CONCESSION OF ERROR
PER CURIAM.
Based on the Department of Revenue’s proper concession of error, we reverse
the trial court’s “Final Order of Contempt on Report and Recommendation of the Hearing
Officer – Granted – Commitment.” We also quash the trial court’s April 3, 2017, Order
Modifying Final Order of Contempt on Report and Recommendation, which the trial court
lacked jurisdiction to enter during the pendency of this appeal.
REVERSED and REMANDED.
SAWAYA, LAMBERT, and EISNAUGLE, JJ., concur.
2