*1 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 *2 lacked jurisdiction to enter during the pendency of this appeal.

REVERSED and REMANDED.

SAWAYA, LAMBERT, and EISNAUGLE, JJ., concur.

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