State, Department of Revenue ex rel. Barnes v. Swatts

I respectfully dissent. Respondent’s handwritten unsworn letter to the lower court does not constitute a lawful challenge under section 742.10(4), Florida Statutes, when read in pari materia with section 742.18, Florida Statutes. I would quash the lower court’s order on the authority of Department of Revenue v. Price, 958 So.2d 1045 (Fla. 2d DCA 2007): a case, I might add, that the trial judge recognized as involving facts “essentially identical” to the facts at issue.