Daniel v. Department of Revenue

Appellee candidly concedes that appellant’s motion to vacate the hearing officer’s report was timely filed. In a proceeding filed by the Department of Revenue to determine appellant’s arrearages, pursuant to Florida Family Law Rule of Procedure 12.491, the trial court signed an order on September 3, 1999 approving the hearing officer’s report and recommendation. However, the order was not filed, thus rendered, until September 9, 1999. Rule 12.491(f) allows any party affected by the order to move to vacate the order by motion filed within ten days from its entry. Appellant’s motion was filed…